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2015 Supreme(Bom) 437

ANOOP V.MOHTA
Tushar Jivram Chauhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. R.S. Apte, Senior Advocate with Mr. Rakesh Agrawal for the Petitioners
Ms. P.S. Cardoz, AGP for Respondent Nos. 1 & 2.
Mr. Pankaj R. Thatte with Ms. Suchita Joshi Dongre for Respondent No.3.

JUDGMENT

ANOOP V. MOHTA, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

2. The Petitioners being owners of the suit property have challenged order and deemed conveyance certificate dated 18.11.2013 passed by Respondent No.2, granting deemed conveyance of the suit property in favour of Respondent No.3 Society and subsequently also challenged unilateral registration of conveyance dated 18.07.2014.

3. The case and submissions of the Petitioners are as under:

The Petitioners are the owners of the plot of land bearing plot no. 60, Survey no. 1000 (part) having CTS No. 1188 and 1188/1 to 1188/20 admeasuring about 1672.80 sq. mtrs or thereabout situated at junction of J.N. Road and Zaver Road, Mulund West, Mumbai 400080 (for short, “the suit property”).

4. There are two buildings namely Shrinivas Building A and Shrinivas Building B already exist on the suit property. On 17.1.2001, the Petitioners allowed Respondent No.4 to develop the balance part of the suit property.

5. In 2002, Respondent No.4 developer applied to Municipal Corporation for Greater Mumbai (MCGM) for necessary permissions for construction of building on the balance part of the plot out o































































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