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2022 Supreme(Bom) 1028

R.D.DHANUKA, KAMAL KHATA
Trilok Singh Pahlajsingh Rajpal – Appellant
Versus
Municipal Corporation for Greater Mumbai, a statutory body constituted under the Mumbai Municipal Corporation Act, 1888, having its office at Mahapalika Marg, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bhushan Deshmukh with Mr. Sahil Gandhi, Ms. Dimple Vora i/b M/s. Markand Gandhi
For the Respondent:Mr. Joquim Reis, senior advocate with Ms. Vandana Mahadik, Ms. Sheetal Metakari i/b Mr. Sunil Sonawane, Mr. Laxmikant Satelkar, A.G.P.

JUDGMENT:

Kamal Khata, J.

1. Rule. Learned counsel for the respondents waives service. Rule is made returnable forthwith.

2. The petitioners in this Writ Petition filed under Article 226 of the Constitution of India have prayed for a writ of mandamus declaring that with effect from 22nd February 2008 the land bearing CTS No. F/189, F/190, F/191, F/192 corresponding to Final Plot No.646, T.P.S. No.III, Bandra, Mumbai admeasuring 900 sq. yards equivalent to 752.49 sq. meters along with structures standing thereon (hereinafter referred to as “the said property”) is released from reservation made under the Development Plan sanctioned on 7th May 1992.

3. The petitioners have also prayed for a writ of mandamus for an order and direction to respondent Nos.1 to 3 and 5 to take all necessary steps to amend the necessary records including Development Plan sanctioned on 7th May 1992 and quashing the acquisition proceedings commenced before respondent No.4 pursuant to the Application dated 13th February 2008 in respect of the said land.

4. The petitioners are the owners of the piece and parcel of land bearing final plot no. 646, TPS III Bandra viz. the said land. It is the case of the petitioners t

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