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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3546 OF 2006

Mrs.Jayashree D. Vaishnav & Anr. ....Petitioners

V/s.

Thane Municipal Corporation .

through its Commissioner ....Respondent

Mr.P.M.

Pradhan

for

the

Petitioners.

Mr.R.S. Apte for the Respondent.

CORAM : R.M. SAVANT, J.

DATED : 21ST MARCH, 2007.

P.C. :

1.

This Petition is filed under Article 227 of

the Constitution of India challenging the order dated

15.11.2005 passed in Misc. Civil Appeal No.73 of 2005

filed by the original Respondent No.1.

2.

The Petitioners herein are running a hotel in

the name and style of ‘Hotel Nisarga’ in Gala Nos.34

to 38 of Vedant Shopping Complex, Vartak Nagar, Thane.

The Respondent is the planning authority, so far as

city of Thane is concerned. The Respondent issued a

notice under Section 253 of the Bombay Provincial

Municipal Corporations Act, 1949 on 22.2.2004 to the

Petitioners in respect of a weather shed constructed

by the Petitioners adjoining the shop premises and

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covering the open passage ab