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2003 Supreme(Bom) 126

D.B.BHOSALE
Dadar Avanti Co-operative Housing Society Ltd – Appellant
Versus
Municipal Corporation of Greater Bombay & others – Respondent


JUDGMENT - BHOSALE D.B., J.:---The petitioner-co-operative society has been fighting this litigation since 1986-87 and this is a third occasion for them to approach this Court, by means of instant writ petition. The long standing dispute, in the present petition, centres around the question as to whether the municipal authorities namely respondent Nos. 1 and 2 in this petition could have permitted respondent Nos. 3 and 4 to convert their flat Nos. 3 and 4 from residential purpose to that of a commercial one for opening of surgical nursing home. In other words, whether opening of a surgical nursing home by respondent Nos. 3 and 4 in purely residential zone is in accordance with the Development Control Regulation for Greater Bombay, 1991 (for short "Regulation of 1991").

2.The factual matrix, giving rise to the present writ petition, reveals that respondent No. 5 M/s. Amar Builders (for short "builder") submitted plans to the Municipal Corporation of Greater Bombay on July 25, 1979 for construction of a building consisting of ground floor and other 13 floors at Kasturchand Mills Compound, Opposite Kabutar Khana, Dadar, Mumbai. The plan which was approved by the Corporation indicated t































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