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2019 Supreme(Bom) 977

S.C.DHARMADHIKARI, G.S.PATEL
Bhavya Height Co-Operative Housing Society Ltd. – Appellant
Versus
Mumbai Metropolitan Region Development – Respondent


Advocates Appeared:
P.K. Dhakephalkar, Adv., Kiran Bhagalia, Adv., Chitra Phadke, Adv., Aditi Yadav, Adv., S.S. Pakale, Adv., Harish R Pawar, Adv.

JUDGMENT :

S.C. Dharmadhikari, J.

1. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner Cooperative Housing Society seeks diverse reliefs, one of which is that the Court be pleased to issue a writ of mandamus or any other writ, order or direction in the nature thereof directing Respondent No. 1, its officers and servants to remove or demolish a staircase in front of the Petitioner's building Bhavya Height and to leave open space of nine metres in front of that building for access to fire engines, ambulances etc in accordance with Regulation Nos. 29 and 43 of the Development Control Regulations for Greater Mumbai 1991. The Petitioner also seeks a mandamus to the 1st Respondent to strictly comply with the provisions of Clauses 8 and 9 of the No Objection Certificate ("NOC") dated 17th October 2008, and to keep open the mandatory open space as required under law. The third relief in furtherance of the above is sought during the pendency of the writ petition.

2. Rule. Respondents waive service. With the consent of all parties and since all affidavits are on record, we have by this order disposed of this writ petition finally.

3. The Cooperative Housing So

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