G. S. KULKARNI, KAMAL KHATA
Satra Plaza Premises Co-Op. Soc. Ltd. – Appellant
Versus
Navi Mumbai Municipal Corporation – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. The petitioner is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 and pursuant to the mandate of the first proviso to Section 10 of Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management & Transfer) Act, 1963 by the purchasers of offices/shops in the building constructed by respondent no.3 - M/s. Satra Properties(India) Ltd., the developers. The land on which the petitioner’s premises are constructed is described to be Plot Nos. 19 and 20, Sector – 19-D, Vashi, Navi Mumbai – 400 703.
2. The petitioner impugns an order dated 27 December, 2016 passed by the Municipal Commissioner (Respondent No. 2) of respondent No.1 - Navi Mumbai Municipal Corporation (for short “municipal corporation”) whereby in exercise of powers vested with the Planning Authority, the municipal corporation has revoked/cancelled not only the Occupancy Certificate dated 09 February, 2012 issued to the premises of the petitioner, but also the revised Commencement Certificate.
3. The question w
Brajrendra Singh Yambem v. UOI and anr., (2016) 9 SCC 20
Hansa D. Moodaliar v. Pune Municipal Corporation and Ors., 1998(3) Mh.L.J. 10
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