G. S. KULKARNI, R. N. LADDHA
Kharghar Co-op. Housing Societies Federation Ltd. through General Secretary – Appellant
Versus
Municipal Commissioner, Panvel Municipal Corporation – Respondent
JUDGMENT :
G.S. Kulkarni, J.
The judgment has been divided into the following sections to facilitate analysis:
|
| Particulars | Paragraphs |
|
|
|
|
| A | Preface. | 1 to 7 |
| B | Challenge. | 8 & 9 |
| C | Preliminary Objection. | 10 to 24 |
| D | Petitioners opposition to the preliminary objection | 25 & 26 |
| E | Analysis and Conclusion | 27 to 57 |
1. Petitioner No.1 claims to be a federation of co-operative housing societies constituted for welfare of the residents of Kharghar Node which is an area in Navi Mumbai. It is averred that petitioner No.1 is looking after the welfare of its Member Cooperative Housing Societies (for short “the Societies”). Petitioner No.2 is described to be a resident of Kharghar, and as an office bearer of a co-operative housing society, namely, one ‘Stuti Residency Co-operative Housing Society Ltd.’ The petition is affirmed by one Commander Siddheshwar Hira Kalawat who has described himself as General Secretary of petitioner No.1.
2. Respondent No.1 is the Commissioner of the Panvel Municipal Corporation (for short ‘the PMC’). The PMC
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