JUDGMENT - R.M. LODHA, J.:---This group of seven writ petitions was heard together

as it involved common issue. The common issue being: "Whether the Assessor and Collector in the office of Municipal Corporation of Greater Bombay has acted without jurisdiction by fixing rateable value of land under construction thereby not following the law laid down by the Apex Court in (The Municipal Corporation of Greater Bombay v. M/s. Polychem Ltd.)1, A.I.R. 1974 S.C. 1779, or the petitioners should be relegated to the statutory remedy of appeal under section 217 of the Mumbai Municipal Corporation Act, 1888 (for short, MMC Act, 1888') and question the legality, justification and/or correctness of fixation of rateable value of land under construction before appellate forum.

2. For the sake of convenience and brevity we refer to the facts obtaining in Writ Petition No. 2465/2001. Pursuant to the agreement for sale dated 29-10-1993, Naman Developers Private Limited (the petitioner No. 1) purchased property comprising of land together with bungalow, building and structures standing therein at Kandivali (West), Mumbai. The said property had the then bearing C.T.S. Nos. 403, 404, 405, 409 and 410. T

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