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2023 Supreme(Bom) 867

A. S. CHANDURKAR, M. W. CHANDWANI
Vikram Arvindlal Siswawala – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Rajendra Pai, Advocate, Akshay Pai, Advocate, Yogendra Rajgor, Advocate, Y.S. Bhate, Advocate, D.A. Dubey, Advocate, Y.R. Mishra, Advocate, A.Y. Sakhare, Advocate, Kunal Waghmare, Advocate, S.K. Sonawane, Advocate, Milind Sathe, Advocate, Gaurav Mehta, Advocate, Shamima Taly, Advocate, Aziz Mohd, Advocate, Sehyr Taly, Advocate

JUDGMENT

A.S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The challenge raised in this Writ Petition is to the decision of the Technical Advisory Committee (for short 'TAC'), declaring 'A' and 'B' wing buildings, that are part of respondent no.5-Bhoumik Co-op. Housing Society Ltd. (for short 'Housing Society'), as 'C1' category. In addition, a challenge is also raised to the Intimation of Disapproval (for short 'IOD') dated 10th December 2019 as well as the Commence Certificate dated 3rd February 2023 issued in favour of respondent no.6-Developer. After the writ petition was filed, it was amended and a challenge is also raised to the notice dated 1st February 2023 issued under Section 354 of the Mumbai Municipal Corporation Act, 1888 (for short 'Act of 1888'). Considering issuance of the said notice under Section 354 of the Act of 1888, the learned counsel for the parties have been heard at length.

3. Facts relevant for considering the aforesaid challenges are that the Housing Society consists of three buildings called as 'A', 'B' and 'C' wings. It is common ground that 'C' wing has already been demolished and the present dispute

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