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2023 Supreme(Bom) 703

G. S. KULKARNI, KAMAL KHATA
Satra Plaza Premises Co-Op. Soc. Ltd. – Appellant
Versus
Navi Mumbai Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Atul Rajadhyaksha, Senior Advocate with Mr. Nishant Tripathi i/b. M/s. M. Tripathi & Co., Mr. Deep Dighe i/b. Mr. Amit Tungare
For the Respondent: Mr. Tejesh Dande with Mr. Bharat Gadhavi, Mr. Ashutosh Kulkarni with Mr. Sarthak Diwan, Mr. A.A. Alaspurkar, AGP

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

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