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2012 Supreme(Bom) 2268

A.M.KHANWILKAR, R.Y.GANOO
Manish Estates – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates appeared:
For the Petitioner:Vijay Hansaria, Sr. Advocate with Bipin Joshi, Sanjay Sarin, Gobinda C. Mohanty, Advocates.
For the Respondents:R1 to R3, S.U. Kamdar, Sr. Advocate a/w. Trupti Puranik, R4 & R5, Edul P. Bharucha, Sr. Advocate, J.J. Bhatt, Sr. Advocate a/w. Sunil Tilokchandani, Adv. Ms. Subhasree Chatterjee i/b Manilal Kher Ambalal & Company, Advocates.

Judgment :-

R.Y. Ganoo, J.

1. Heard learned Counsel on both sides.

2. Rule. Rule is made returnable forthwith, by consent.

3. Learned Senior Counsel Mr. S.U. Kamdar waives service on behalf of respondent nos. 1 to 3. Mr. E.P. Bharucha, learned Senior Counsel waives service on behalf of respondent nos. 4 and 5. By consent, petition is taken up for final hearing and disposal.

4. By this petition, the petitioners are challenging following orders:-

(a) Order dated 6th October, 2010 passed by Deputy Chief Engineer (Building and Proposal) City Department vide EB/4570/GS/A.

(b) Order passed by respondent no.1. Municipal Corporation of Greater Mumbai (For short said Corporation) bearing No. AC/Estate/26537/Makta-3/25 dated 25th March, 2011.

(c) Resolution No.29, dated 4th May, 2011 passed by Improvement Committee, which Resolution has been confirmed by the Corporation by Resolution No.113 dated 30th May, 2001.

(d) NOC granted by respondent no.3 in favour of respondent nos.4 and 5 by letter bearing No.AC/7/4629/Makta-3 dated 10th June, 2011 for amalgamation of Plot No.216 and 216A.

(e) Order dated 9th May, 2012 passed by Deputy Municipal Commissioner (Improvement).

5. Few facts necessary for









































































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