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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, DR. NEELA GOKHALE, JJ
Capt. Haresh Gaglani (Retd) – Appellant
Versus
Municipal Corporation of Greater Mumbai (Through Commissioner of MCGM) – Respondent
JUDGMENT :
Revati Mohite Dere, J.
1. At the outset, learned counsel for the petitioner seeks leave to amend to delete the respondent Nos.3 and 4 from the array of respondents. Leave granted. Amendment to be carried out forthwith.
2. Heard learned counsel for the parties.
3. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Mr. Patil waives notice on behalf of respondent Nos.1 and 2. Learned Addl. G.P. waives notice on behalf of respondent-State.
4. The petitioner is a 72 year old retired Army Officer, an alumnus of the National Defence Academy, Indian Military Academy, College of Military Engineering and Jamnalal Bajaj Institute of Management. The petitioner is also a veteran of the 1971 war with Pakistan. The respondent No.1 is the Municipal Corporation of Greater Mumbai (MCGM) represented through the Commissioner and the respondent No.2 is the Assistant Commissioner of the Ward in which the petitioner's society is situated. According to the petitioner, he being a diligent citizen has filed several complaints of rearing, selling and killing of pigeons on the society terrace where he lives i.e. Narottam Nivas Co-operative Housing
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