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2022 Supreme(Bom) 2104

G. S. PATEL, GAURI GODSE
Subodh M Joshi – Appellant
Versus
Municipal Corporation Of Greater Mumbai – Respondent


Advocates Appeared:
Mr AM Saraogi, with Sahil Ansari., for the Petitioner.; Dr Birendra Saraf, Senior Advocate, with Rajeev Carvalho, with Bhavesh Joshi, with Sakshi Agarwal, with Pooja Shah, i/b Bipin Joshi. Mr Sukanta Karmakar, AGP, for State. Mr Anil Sakhare, Senior Advocate, with Sagar Patil for MCGM. Ms Rekha Rane, IInd Assistant to Court Receiver, with Vengurkar, Assistant present., for the Respondent No.3

JUDGMENT

1. The Writ Petitioner initially raised several grievances. Principal among these was that there was no drinking water supply to the building in question and yet occupancy certificates had been issued by the Municipal Corporation of Greater Mumbai ('MCGM'). The Petitioner also said that the flat allotted to him, Flat No C-501, as permanent alternate accommodation was in no sense fit for human occupation. Other works in the building/project itself were also incomplete. We considered this in our order of 17th August 2022. For context and to reiterate the issues that were to the mind of the court we reproduce the order of 17th August 2022 below:

1. It is entirely possible that the state of affairs reflected in this Writ Petition is symptomatic of all development and redevelopment in this city.

2. The project in question is something called Integrated 'Arya' at village Kirol, Narayan Nagar, Ghatkopar West, Mumbai 400 086. The Petitioner is concerned with one flat. We are told that this is flat C-501, i.e., flat No. 501 on the fifth floor of Wing 'C'. This is not a free sale building but is a rehab building to which the Petitioner is entitled. That is undisputed. It is also undisp

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