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2022 Supreme(Bom) 1554

R. D. DHANUKA, KAMAL KHATA
Galore Developers Private Limited – Appellant
Versus
Solapur Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Milind R. Sathe, Senior Counsel with Mr. Amogh Singh and Mr. Kaustubh Patil i/b Mr. Pradeep L. Dubey
For the Respondent: Mr. Vishwanath Patil, Mr. A.I. Patel, Addl. G.P. with Mr. R.P. Kadam, AGP

JUDGMENT :

R.D. Dhanuka, J.

1. Rule. Mr.Patil, learned counsel for the respondent nos.1 and 2 waives service. Mr. Patel, learned Additional Government Pleader waives service for the respondent nos.3 to 6. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the notice dated 2nd September, 2022 issued under section 51 of the Maharashtra Regional Town Planning Act, 1966 (for short “MRTP Act”) and also for quashing and setting aside the letter dated 19th September, 2022 annexed at Exhibit “L” and Exhibit “N” to the petition respectively.

3. The petitioner also prays for a writ of certiorari for quashing and setting aside the letter dated 19th September, 2022 addressed to respondent nos.3 and 5, annexed at Exhibit “O” to the petition.

4. On 23rd March, 2010, the petitioner entered into an agreement with the respondent nos.1 and 2 to hand over their plot subject to the development rights being given to them. On 24th December, 2018, the respondent nos.1 and 2 gr

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