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2021 Supreme(Bom) 3

S.J.KATHAWALLA, R.I.CHAGLA
Arun Mhatre – Appellant
Versus
Kalyan Dombivali Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Sagar A. Joshi, Adv.
For the Respondent: Mr.A.S.Rao, adv.

JUDGMENT :

1. This group of Writ Petitions impugn an Order dated 25th November, 2020 passed by Respondent No.3 - The Designated Officer & Ward Officer of Respondent No. 1 Corporation (impugned Order) passed under Section 212 (2) of the Maharashtra Municipal Corporation Act, 1949 (the Act).

2. The brief facts leading to the fling of these Writ Petitions are as under :

    2.1. The Petitioners claim to be owners of certain lands within the limits of Respondent No.1 Corporation. On these lands, the Petitioners’ have built structures thereon (structures).

2.2. In and around September, 2018, Respondent No.1 Corporation’s officers visited the structures and marked a wall with red colour.

2.3. On 29th October, 2018, Respondent No. 3 issued a notice to the Petitioners under Section 212 (1) of the Act. In the said notice, it was alleged that the Development Plan of Kalyan Dombivali Municipal Corporation was sanctioned on 3rd September, 2005 and in the said Development Plan, Subhash Road, Dombivali West (Hanuman Temple to Hemant General Store) (the said road) was shown 18 mtrs wide. The said notice further alleges that Respondent No.1 Corporation after carrying out the survey has drawn the regular li

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