SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Bom) 785

P.B.MAJMUDAR, R.D.DHANUKA
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Petitioners:F.D’Vitre, Senior Advocate, Pradeep Sancheti, Senior Advocate a/w. Minoo Siodia, i/b. M/s. Rustamji & Ginwala, Advocates.
For the Respondents:R20, Aspi Chinoy, Senior Advocate a/w. Dr. Milind Sathe, Senior Advocate, Dr. Birendra Saraf, i/b. M/s. M.K. Ambalal & Co., A.A. Kumbhakoni, a/w. Shardul Singh, Ms. Komal Punjabi for B.M.C., R8, R10, R12 to R16 & R18, B.B. Sharma, A.G.P., R9 & R19, Rajiv Chavan a/w. Ms. Rutuja Ambekar, R11, Ms. Sharmila U. Deshmukh, Advocates.

Judgment

(R.D. DHANUKA. J.)

Rule. Respondents waive service. Heard finally by consent of parties.

2. This proceedings are under Article 226 of the Constitution of India filed by the Petitioners for a writ of certiorari for quashing and setting aside the approval and permission granted by some of the authorities who are Respondents in the present proceedings and for writ of mandamus directing the Respondent Nos. 1 to 19 to withdraw and set aside the approval and permission granted for development project of residential and commercial complex on the land bearing CTS NO. 381, 381/1 to 22 Village Anik, Tal. Chembur, MSD, Mumbai and for injunction from granting any further approval or permissions or renew the approval already granted to Respondent No.20 or any other person for or in connection with the development of the said land. (Hereinafter referred to as ‘Oswal land’). The Petitioners have also prayed for declaration and for striking down D.C. Regulation 57(4) (c) and D.C. Regulation 29(5) as also the Table 10 C (5) as being ultra vires, unreasonable, arbitrary and capricious.

3. The Petitioners have also prayed for a writ of prohibition against Respondent Nos. 1 to 19 prohibitin



































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top