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2021 Supreme(Bom) 1430

S.J.KATHAWALLA, SURENDRA P.TAVADE
Kalpataru Properties (thane) Pvt. Ltd. – Appellant
Versus
Thane Municipal Corporation – Respondent


Advocates appeared:
Girish Godbole, Advocate, Shivraj Patne, Advocate, Suneet Tyagi, Advocate

JUDGMENT

1. Not on board. Upon mentioning, taken on board.

2. By the above Writ Petition, the Petitioners are inter alia seeking a direction against the Respondents to forthwith remove the paper notices / seals put up on the subject property known as Korum Mall, Mangal Pandey Road, Near Cadbury, Thane (West) 400606 having 82 establishments.

3. The learned Advocate appearing for the Petitioners relies on the decision of this Court in the case of ATC Telecom Infrastructure Private Limited Vs. Nashik Municipal Corporation & Ors. 2017 SCC OnLine Bom 3863 and submits that in the said decision and in several other decisions of this Court it is held that the property of a party cannot be sealed on the alleged ground of non-payment of property tax. It is further submitted on behalf of the Petitioners that in the event of a party failing to pay property tax, the Corporation has the power to attach / auction the premises but cannot seal the same.

4. The submissions made by the learned Advocate appearing for the Petitioners are correct. We are convinced that grave and irreparable harm, loss and injury will be caused to the Petitioners if the seal affixed on the Mall consisting of 82 establishment

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