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2015 Supreme(Bom) 163

VASANTI A.NAIK, C.V.BHADANG
S. D. Corporation Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai, Building Proposal Department – Respondent


Advocates Appeared:
For the Petitioner:Virag Tulzapurkar, Senior Counsel a/w Simil Purohit, J. Sheth, Karan Dua i/by Wadia Ghandy & Co., Advocates.
For the Respondent:Anil Singh, Senior Counsel a/w Anil Yadav, Advocate.

JUDGMENT

By this Petition, the Petitioner seeks a direction to the Respondent to grant approval for development of property on the basis of the deed of Power of Attorney dated 21.2.2007. The Petitioner seeks a direction restraining the Respondent Corporation from implementing the Circular dated 11.9.2012, requiring a registered deed of Power of Attorney. The Petitioner also challenges the order of the Corporation dated 3.11.2014 declining to accept the unregistered deed of Power of Attorney, dated 21.2.2007.

The Petitioner is a company engaged in the development/redevelopment of immovable properties in and around Mumbai. It is the case of the Petitioner that, several Societies had formed a union of Societies and the apex Society had appointed the Petitioner for development of several buildings, that were required to be developed or re-developed. The development agreement was executed in the year 2007 and a deed of Power of Attorney was also executed on 21.2.2007. The deed of Power of Attorney was not registered. By the deed of Power of Attorney dated 21.2.2007, the Petitioner was permitted to develop/re-develop the property, sell the property and also perform all other ancillary act





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