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2014 Supreme(Bom) 790

R.D.DHANUKA
Lok Holdings and Constructions Ltd. – Appellant
Versus
Municipal Corporation of Gr. Mumbai – Respondent


Advocates Appeared:
For the Applicants:Jai Chinai, Senior Advocate, a/w. Sanjay Jain, Kalpesh Mehta, i/b. Pravin Mehta & Mithi, Advocates.
For the Respondents:R1 to R4, Anil Singh, Senior Advocate, a/w. Yamuna Parekh, BMC, R6, S.R. Rajguru, Advocates.

JUDGMENT

1. By this Chamber Summons in execution application the applicants seek dispensation with notice under order 21 rule 22 of Code of Civil Procedure, 1908 with High Court (O.S.) Rules 316 and 317 of High Court (Original Side) Rules and seeks an order and directions against the Municipal Corporation and its officers (respondent nos.1 to 4) to decide the application dated 29th February, 2012 made by the applicant no.1 or in the alternative to appoint a fit and proper person/officer with all powers duties and functions of the Executive Engineer and Ward Officer as per Rules and as per Development Control Regulations Greater Mumbai, 1991 to decide in accordance with the order dated 10th August, 2011 passed by the Division Bench the application dated 29th February, 2012 made by the applicant no.1. Some of the relevant facts for the purpose of deciding this execution application and the chamber summons are as under:-

2. On 11th June, 2010, the Executive Engineer, Building Proposal issued a notice to the applicants to stop the erection of building which was carried out on the property bearing CTS No.153, 153/1 to 3 of Village Malad East. It is case of the applicants that the applican












































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