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2016 Supreme(Bom) 133

ANOOP V.MOHTA, G.S.KULKARNI
Mahendra Builders – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Cases Referred :
Dr.Smt.Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P.) & Ors., AIR 1987 SC 2186
Advocate Appeared:
Mr.Aspi Chinoy Sr.Advocate a/w Mr.P.S.Dani Sr.Advocate i/b Mrs.Janhvi Bejoy for Petitioners
Ms.Geeta Shastri Additional Government Pleader a/w Ms.Anjali Helekar Assistant Government Pleader for Respondent no.1
Mr.Kevic Setalwad Sr.Advocate a/w Mr.H.C.Pimple for Respondent nos.2 to 4.
Mr.Zai Andharujina a/w Ms.Sonal i/b Ms.Kavita Shah for Respondent nos.5 to 7.

JUDGMENT :

G.S.Kulkarni, J.

1. Rule Returnable forthwith. By consent and at the request of the parties heard finally.

2. By this Petition under Article 226 of the Constitution of India, the petitioners seek quashing and setting aside of the order dated 24 January 2013 passed by the respondent no.3the Municipal Commissioner of the Mumbai Municipal Corporation, whereby it is held that the proposal for regularization submitted by the respondent nos.5 to 7 of additions and alterations namely additional rooms and toilets at the premises namely ‘Empire Royale Hotel' 3rd Floor, Empire Building, 147, Dr.D.N.Road, Fort, Mumbai, be processed by the Executive Engineer (Building and Proposals). The petitioners are also seeking quashing of the communication of the Assistant Engineer (Building and Proposal) dated 22 March 2012 by which certain compliances are sought from Respondent Nos.5 to 7. A further prayer is made that the notice dated 10 October 2003 issued under section 53 (1) of the Maharashtra Regional Town Planning Act 1966 ( for short the M.R.T.P. Act) and order dated 18th March 2004 passed by the Executive Engineer (Building and Proposal) declaring the said additional construction on the













































































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