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2019 Supreme(Bom) 2567

G.S.PATEL
Ranjanben Ramjibhai Rathod – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : G.C. Singh, Singh Shweta Indrasen.
For the Respondents: Rupali Adhate, Sunil Bharambe.

JUDGMENT :

G.S. PATEL, J.

1. The Writ Petition was dismissed departmentally by an order dated 26th March 2019 made by the Prothonotary and Senior Master. The Notice of Motion seeks the restoration of the Writ Petition and, further, the restoration and continuance of a previous Division Bench order of 16th August 2018. We made it clear to Mr. G.C. Singh for the petitioners that we would restore the petition provided it was argued forthwith for admission and interim relief. He agreed. On that basis, we heard him, and, by this order, we proceed to dispose of the petition itself. Consequently, the Notice of Motion is made absolute, but only in terms of prayer clause (a).

2. The challenge in this Writ Petition under Article 226 of the Constitution of India is to three notices issued by the Municipal Corporation of Greater Mumbai (“MCGM”) under Section 354 of the Mumbai Municipal Corporation Act, 1888 (“the MMC Act”) and an opinion/report of the MCGM’s Technical Advisory Committee (“TAC”). The MCGM notices are dated 19th October 2016, 6th April 2018 and 21st May 2018 at Exhibit “K” (pages 176 to 180), Exhibit “M” (pages 213 to 223) and Exhibit “N” (page 224 to 223) respectively, and the TAC

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