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2016 Supreme(Bom) 2110

RANJIT MORE, ANUJA PRABHUDESSAI
Balwant Chatrabhuj Thakkar – Appellant
Versus
Commissioner, Municipal Corporation of Greater Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. A.V. Anturkar, Ms. Kalyani Tulankar, Mr. Prashant Karande, Dharmesh i/b Akshay Gosavi, M/s. Topkar i/b. Vaishali Bhilare, Mr. Ranji Dharmadhikar i/b K. K. Tiwari
For the Respondent/MCGM: Mr. A.Y. Sakhare, Mr. Joel Corloes, Mrs. Shobha Ajitkumar

JUDGMENT :

Anuja Prabhudessai, J.

Rule. Rule made returnable forthwith with consent of parties.

2. The Petitioners have filed the present writ petitions for quashing and setting aside the notices issued by the Respondent No.2 – Assistant Municipal Commissioner (Market) directing each of the Petitioners to pay the arrears of compensation charges and hand over vacant and peaceful possession of the respective shops within thirty days from the date of receipt of the notice.

3. Brief facts giving rise to these petitions are as under:-

In the year 1998 the Municipal Corporation of Gr. Mumbai (for short Corporation), Respondent No. 3 herein, had called for tenders for allotment of shops situated inside the Subway at Chatrapati Shivaji Terminus (CST) Railway Station and Churchgate Railway Station, Mumbai. The Petitioners' were successful bidders and each one of them was allotted a shop upon execution of leave and license agreement. The tenure of the said agreement for the first block period was 10 years and each subsequent block period was of 5 years.

4. The petitioners were put in possession of the respective shops within CST and Churchgate subway and they have been conducting their business in


















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