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HIGH COURT OF BOMBAY
A.S. Gadkari, Kamal Khata, JJ
Jhalak Constructions – Appellant
Versus
Ulhasnagar Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioners secured permissions after property acquisition and compliance. (Para 1 , 2) |
| 2. permissions fraudulent; officer misconduct revealed post-inspection. (Para 3) |
| 3. fraud vitiates permissions; denies equitable relief. (Para 4 , 5) |
| 4. stern judicial action against illegal constructions mandated. (Para 6) |
| 5. petitioners' inconsistencies prove misrepresentation and fraud. (Para 7 , 8 , 9 , 10 , 11) |
| 6. authorities must eradicate illegal developments decisively. (Para 12 , 13 , 14) |
| 7. petition dismissed; no stay, enforcement directed. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
Judgment (Per : Kamal Khata, J) :-
1) This Petition takes an exception to the impugned Order dated 16th August 2024, passed by the Respondent No.1, the Ulhasnagar Municipal Corporation (UMC). By the said impugned Order, the UMC has revoked the development permission granted to the Petitioners on the subject property under the provisions of Section 51 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and called upon the Petitioners to remove the construction, failing which the Corporation will do the same.
2) Mr. Girish Agrawal, learned Advocate for the Petitioners submitted that, the Pet
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