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2023 Supreme(Bom) 537

G. S. KULKARNI, R. N. LADDHA
Prashant S. Sawant – Appellant
Versus
Thane Municipal Corporation Through its Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Suhas Oak a/w Mr Vinod Utekar a/w Mr Nikhil Shinde a/w Mr A. Mehta i/b Mr Vijay Nene
For the Respondent:Mr R.S.Apte, Senior Advocate i/b Mr Anand Kulkarni, Mr. Ranjit Thorat, Senior Advocate a/w Mr Pradeep Thorat a/w Ms. Ekta Tripathi a/w Mr Vishal Acharye a/w Mr Shyam Jadhav

JUDGMENT :

R.N.Laddha, J.

The petitioners have filed this petition under Article 226 of the Constitution of India to challenge the actions of respondents no.1 and 2. The petitioners contend that respondents No.1 and 2 have approved the plan and layout of redevelopment and granted permission for development and the commencement certificate thereafter in contravention of the provisions of the Maharashtra Regional Town Planning Act (for short ‘MRTP Act’) and Regulations under the Unified Development Control and Promotion Regulations, 2020 (for short ‘UDCPR 2020’).

2. It is the case of the petitioners that respondent no.3/Society originally had 452 members who were living in buildings no.1 to 13 standing on the land bearing CTS Nos.2459, 2460, 2461, 2546, 2547, 2490, 2491 and 2492 admeasuring 17,196 sq. mtrs., situated at old Mumbai, Puna road, Kalwa, Thane. The Deputy Registrar, Cooperative Societies Thane passed an order on 13.7.2018 under Section 17 of the Maharashtra Cooperative Societies Act 1960 (for short MCS Act) r/w Rule 16 of the Maharashtra State Cooperative Societies Rules (for short ‘MCS Rules’) separating building no.3 from respondent no.3/ Society and dividing the larger la

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