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2019 Supreme(Bom) 1583

RANJIT MORE, BHARATI H.DANGRE
Raghuleela Builders Private Limited, Bandra – Appellant
Versus
Mumbai Metropolitan Region Development Authority (Mmrda), Mumbai – Respondent


Advocates Appeared:
Aspi Chinoy, Adv., Vaibhav Krishna, Adv., Mayuresh Botrkar, Adv., Veeral Vakhari, Adv., Ahtesham Khatri, Adv., Devang Lakhotia, Adv., Tahir Prande, Adv., P.K. Dhakephalkar, Adv., Nivit Srivastav, Adv., Sneha Patil, Adv.

JUDGMENT :

Ranjit More, J.

In the instant petition, the Petitioners being aggrieved with the actions of Mumbai Metropolitan Regional Development Authority (MMRDA)-Respondent No.1, have impugned the following-

    (i) letter/orders dated 11th February 2014 and 23rd December 2014 issued by the MMRDA demanding payment of penalty premium @ 10% per year on account of alleged delay in completion of construction of 30,550 sq.mtrs built up area (BUA) of the building known as "ONE BKC" at Plot No.C-55, Bandra Kurla Complex, Bandra (E), Mumbai, and

(ii) demand notice dated 12th September 2017 issued by the MMRDA, demanding recovery of penalty in the form of additional premium and interest thereon aggregating Rs.432 crore i.e. Rs.273 crore as penalty upto August 2015, and interest thereon of Rs.159 crore in respect of the same building "One BKC".

2. By way of interim orders, Respondent No.1 was restrained from taking any coercive steps against the Petitioners. Respondent No.1 is the owner of land admeasuring 10183 sq.mtrs bearing plot No.C-66, situated at G-Block, Bandra Kurla Complex, Village Kole Kalyan, Taluka Andheri, and is the planning authority in respect of Bandra Kurla Complex notified area r

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