2023:BHC-AS:13724-DB Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION IN ITS EXTRAORDINARY CIVIL JURISDICTION AND IN ITS JURISDICTION UNDER ART.226 OF THE CONSTITUTION OF INDIA WRIT PETITION NO. 1374 OF 2017

M/s.Satra Plaza Premises Co-op.Soc.Ltd., A Co- operative Society Duly incorporated under the provisions of Maharashtra Co-operative Societies Act,1960, having its registered office at “Satra Plaza” Plots Nos.19 & 20, Sector – 19-D, Vashi, Navi Mumbai-400 703.	.. Petitioner
Vs.
1. Navi Mumbai Municipal Corporation, duly constituted under Section 5 of Maharashtra Provincial Municipal Corporation Act,1949, having their Office at Plot No.1 Near Killegaothan, Palm Beach Junction, Section – 15A, Belapur, Navi Mumbai. 2. Municipal Commissioner, Navi Mumbai Municipal Corporation, having his Office at Plot No.1 Near Killegaothan, Palm Beach Junction, Sector – 15A, Belapur, Navi Mumbai. 3. M/s.Satra Properties (India)Ltd., a company duly incorporated under the provisions of the Companies Act,1956, having their registered office at Dev Plaza, 2nd Floor, Opp.Andheri Fire Brigade, S. V. Road, Andheri (W), Mumbai-400058. 4. State of Maharashtra, Mantralaya, Mumbai – 400032.

5. City and Industrial Development Corporation of Maharashtra Ltd., A govt. Company duly incorporated under provisions of the Companies Act,1956 having its Administrative Office at CIDCO Bhavan, CBD-Belapur, Navi Mumbai-400614.

...Respondents

WITH WRIT PETITION NO. 1184 OF 2017

M/s.Satra Properties (India) Ltd., Dev Plaza, 2nd floor, Opposite Andheri Fire Station, S. V. Road, Andheri (West), Mumbai-400058.	.. Petitioner
Vs.
1. Navi Mumbai Municipal Corporation, through Hon’ble Municipal Commissioner, Head Qurter, Plot No.1 Near Kille Gaothan, Palmbeach Junction, Section 15A, C.B.D.road, Belapur, Navi Mumbai, Pin:400614. 2. City and Industrial Development Corporation of Maharashtra Ltd., Nirmal, 2nd Floor, Nariman Point, Mumbai-400021.	...Respondents

_____________

Mr. Atul Rajadhyaksha, Senior Advocate with Mr. Nishant Tripathi i/b.

M/s. M. Tripathi & Co. for Petitioner in WP No.1374/17.

Mr. Deep Dighe i/b. Mr. Amit Tungare for Petitioner in WP No. 1184/17. Mr. Tejesh Dande with Mr. Bharat Gadhavi for NMMC, Respondent Nos. 1 & 2 in WP No. 1374/17 and for Respondent No.1 in WP No.

1184/17.

Mr. Ashutosh Kulkarni with Mr. Sarthak Diwan for CIDCO, Respondent No.5 in WP No. 1374/17 and for Respondent No.2 in WP No. 1184/17.

Mr. A.A. Alaspurkar, AGP for State, Respondent No.4 in WP No.

1374/17.

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CORAM : G. S. KULKARNI &

KAMAL KHATA, JJ.

RESERVED ON: APRIL 24, 2023 PRONOUNCED ON: MAY 4, 2023 JUDGMENT (Per 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 which arises for consideration in the present proceedi

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