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2019 Supreme(Bom) 201

RANJIT V.MORE, BHARATI H DANGRE
Sea Kunal Corporation Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
Milind Sathe, Adv., Vineet Naik, Adv., A. Hariman, Adv., S. Ghosh, Adv., Deeksha Jani Hariani & Co, Adv., P.H. Kantharia, Adv., Vandana Mahadik, Adv., Anil C Singh, Adv., Aditya Thakkar, Adv., Parag Vyas, Adv.

JUDGMENT :

BHARATI H. DANGRE, J.

1. The petitioner, a Private Limited Company incorporated under the provisions of Companies Act, which has undertaken redevelopment under the Development Control Regulations of 1991 on a land situated in Colaba, Mumbai has invoked the jurisdiction of this Court, being aggrieved by the impugned stop work notice issued by the Executive Engineer of the Municipal Corporation of Greater Mumbai (MCGM) on the basis of the letter issued by the Administrative Commandant, Station Commander, Head-Quarters i.e. respondent no.7. The petition raises an issue as to whether the No Objection Certificate (NOC) of defence authorities is required for the completion of construction and occupation of the property being developed by the petitioner. The petition seeks an interim relief to the effect of staying operation of the impugned noticed and refraining the respondent MCGM from acting upon the said impugned notices.

In view of the limited question raised in the petition, we issue Rule and with the consent of the parties, proceed to hear the petition finally.

2. The petitioner has undertaken the redevelopment of category 'A" cessed building situated on land bearing CS No.6


















































































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