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2008 Supreme(Bom) 769

SWATANTER KUMAR, V.M.KANADE
Suraiya Akbarali Jetha – Appellant
Versus
Mumbai Municipal Corpn. of Gr. Mumbai – Respondent


Advocates:
Advocate Appeared
Mr. V. Y. SANGLIKAR, for the Petitioners in Writ Petition No. 1067 of 2007.
Mr. C. M. KORDE with Mr. K. N. KANDEKAR, for the Petitioners in Writ Petition No.2108 of 2007.
Mr. PRADEEP JADHA V, AGP, for the State. Mrs. PREETI PURANDARE, for the BMC.

JUDGMENT

SWATANTERKUMAR,C.J.:- By this Judgment, we shall dispose of the above two Writ Petitions. In Writ Petition No. 1067 of 2007, the Petitioners have approached this Court under Article 226 of the Constitution of India praying that the notice dated 22nd December. 2003 and the acquisition proceedings taken by Respondent No.4 in pursuance to the said Notification are illegal having lapsed in accordance with the statutory provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Town Planning Act") in terms of Section 127 of the Act. They also prayed that the Respondents should be restrained from taking any action or steps in regard to acquisition and reservation of the land of which the Petitioners are the owners. This prayer has been made on the premise that the Petitioners and/or their predecessor in interest had purchased C.S. No.565 of Mazgaon Division from the sellers in terms of the Deed of Conveyance dated 18th November, 1943. Respondent No.1 executed a Deed of Grant in relation to C.S. No.l/565 of Mazgaon Division in favour of the predecessor in title. On 26th February, 1944 these premises were leased out. After coming into force









































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