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2008 Supreme(Bom) 953

R.M.S.KHANDEPARKAR, A.A.SAYED
Jamuna Sagar Co-op. Housing Society Ltd. – Appellant
Versus
Municipal Corporation for Greater Bombay – Respondent


Advocates appeared:
Shri.Sukeshi Bhandari Advocate for the petitioner.
Smt. S.M.Modale Advocate for the respondents.

JUDGMENT

(R.M.S. KHANDEPARKAR, J.)

1. Heard.

2. By the present petition, the petitioner is seeking to quash the notice dated 31st March, 1993, issued by the respondent- Corporation threatening to disconnect the water supply to 7th to 10th floors of the petitioner’s building.

3. The petitioner is a Co-operative Housing Society duly registered under the Maharashtra Co-operative Societies Act and they are having the building by name Jamuna Sagar, situated at Shahid Bhagat Singh Road, Colaba, Mumbai, comprising of 11 floors. A notice came to be issued by the respondent corporation as to why the 7th to 10th floor should not be demolished. Pursuant to the representation made in response to the said notice on 18th January, 1992 to the respondent- corporation, no further action in relation to the said show cause notice was taken.

4. The respondent- corporation thereafter issued notice dated 4th April, 1987 threatening discontinuation of water supply to 7th to 10th floors of the building of the petitioner- society on the ground that the respondent No.2- the developer failed to hand over set-back land to the corporation free from all encumbrances. The petitioner thereupon challenged the notice













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