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2006 Supreme(Bom) 376

H.L.GOKHALE, A.S.OKA
Pravin s/o Govind Kalbhor – Appellant
Versus
Municipal Corporation of Greater – Respondent


Judgment

A. S. OKA, J, J.

( 1 ) BY order dated 28th February, 2006 passed in the Notice of Motion No. 108 of 2006 we had directed that this Writ Petition will be listed for final hearing alongwith Notice of Motion. Accordingly, we have taken up this Petition for final hearing.

( 2 ) BY this Petition under Article 226 of the constitution of India the Petitioner has taken exception to orders dated 11th February, 1994 passed by the Deputy Municipal Commissioner of the first respondent- Mumbai Municipal Corporation by which the the Applications made by the Petitioner herein and twenty-seven other persons whose names appear in exhibit A to the Petition for regularisation of their structures/stalls were rejected.

( 3 ) THE Petitioner has filed this Petition by invoking provisions of order 1 Rule VIII of the Code of Civil Procedure, 1908. In prayer (a) of the petition, the Petitioner has sought leave to file this petition on behalf of himself and on behalf of all stall owners mentioned in Exhibit A to the Petition who are twenty-eight in number.

( 4 ) THE case of the Petitioner is that the petitioner and twenty-seven other persons were having stalls at Vikroli Park Site. In the year 1976,









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