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2018 Supreme(Bom) 1858

NARESH H.PATIL, G.S.KULKARNI
SANJAY PHULWARIA – Appellant
Versus
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
Piyush Raheja, Adv., G.S. Godbole, Adv., Zain Mookhi, Adv., Bhushan Shah, Adv., Palak Patel, Adv., Kiran Bhagalia, Adv., Shital Mane Tadke, Adv., Ajay Khaire, Adv., Janak Dwarkadas, Adv., Sharan Jagtiani, Adv., Anirudh Hariani, Adv., Nooruddin Dhilla, Adv., Zaid Wahidi, Adv., Rajesh Datar, Adv., Dushyant S Pagare, Adv.

JUDGMENT :

G.S. KULKARNI, J.

1. The petitioners claim to be purchasers of flats in a housing project of respondent no.5 named as "Lodha New Cuffe Parade" situated at Wadala in Mumbai.

2. The grievance of the petitioners is primarily in regard to the height of the building exceeding the permissible and the approved height, amounting to an illegality. The petitioners contend that a part occupation certificate dated 8 June 2017, ought not to have been granted by planning authority-Mumbai Metropolitan Region Development Authority (for short "MMRDA") which is impleaded as respondent no.1 to the petition. The second grievance of the petitioners is of respondent no.5 having undertaken demolition of the upper floors to bring the construction to the permissible height, causing damage to the lower floors of the different wings of the building. The petitioners accordingly pray for quashing of the part occupation certificate and the commencement certificate and/or pray for revocation of the part occupation certificate, as granted by MMRDA to respondent no.5. The relevant prayers as made in the petition read thus:

"(a) Issue a Writ of mandamus or a writ in the nature of mandamus, or any other appro













































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