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2021 Supreme(Bom) 86

R.D.DHANUKA, V.G.BISHT
Runwal Constructions – Appellant
Versus
Union of India through its Ministry of Defence, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pravin K. Samdhani, Mr. Saket Mone, Ms. Jayshree Ramchandran, Mr. Abhishek Salian.
For the Respondents: Mr. Y.R. Mishra, Mr. N.R. Bubna, Mr. R.S. Apte, Mr. N.R. Bubna, Mr. Rajan S. Pawar.

JUDGMENT :

V.G. BISHT, J.

1. Rule. Respondents waive service. By consent of parties, Petition is heard finally.

2. By this Petition under Article 226 of Constitution of India, the petitioner is challenging the Communications dated 14th March, 2017, June 2018, 6th July, 2018 and 5th October, 2018 issued by the respondent no. 2 refusing to grant of NOC to it for construction of their building, letter dated 27th August, 2019 issued by the respondent no. 5-Thane Municipal Corporation (herein-after referred to as “TMC”) directing the petitioner to obtain NOC from the Indian Air Force Station, Thane.

3. Brief facts are as under:

    The petitioner is a partnership concern, registered under the provisions of the Indian Partnership Act, 1932. The petitioner is engaged in the business of real estate development in the city of Mumbai and Thane.

4. By and under an Agreement for Development dated 29th December, 2005 made between the Bombay Wire Ropes Limited, Warden Synplast Private Limited and M/s Runwal Constructions i.e. the petitioner in respect of the property at Kolshet Road, Thane admeasuring 1,55,697.71 square meters and the same was registered with the Sub-Registrar of Assurances at Thane on 28

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