Bombay High Court
Yashoda Co-Operative Housing Society ... vs Municipal Corporation Of Gr. Mumbai And ... on 16 August, 2017
Author: M.S. Karnik
Bench: B.R.Gavai, M.S. Karnik
(58) WP 1629-17.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1629 OF 2017
Yashoda Co-operative Housing
Society Limited & Ors. ...Petitioners
Vs.
Municipal Corporation of Greater
Mumbai & Ors. ...Respondents
............
Dr. Virendra Tulzapurkar, Senior Counsel along with Mr. Sanjay
Kadam, Ms. Apeksha Sharma, Mr. Sanjil Kadam, Ms. Sayalee
Rajpurkar i/by M/s. Kadam & Co., for the Petitioners.
Ms. Pallavi Thakar, for Respondent nos. 1 to 3 - M.C.G.M.
Mr. Shamrao Gore, AGP for Respondent no.4-State.
............
CORAM : B.R.GAVAI &
M.S. KARNIK, JJ.
DATED: 16TH AUGUST, 2017 P.C. :
Issue notice, returnable on 6/9/2017.
2. In view of the interim order passed in similar matter i.e. Writ Petition (L) No.1262 of 2017 on 5 th May, 2017 by Division Bench, we find that the present petitioners are also entitled to following similar reliefs :-
(a) By way of ad-interim relief, we direct the petitioners to pay the municipal property tax at the pre-amended rates and also the additional taxes at the rate of 50% of the differential tax between the tax 1/2 ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 15:53:18 ::: (58) WP 1629-17.doc payable under the old regime and now payable on the basis of capital value of the property.
(b) The petitioners will pay such amounts and the Municipal Corporation shall accept the amounts without prejudice of the rights and contentions of the parties.
(c) The amount shall be deposited within two weeks from today.
(d) For computing such amount, the petitioners shall be entitled to credit of any amount which is already deposited in the Corporation in respect of the subject matter by the Corporation.
3. The present Writ Petition be heard with connected matters.
(M.S. KARNIK, J.) ( B.R.GAVAI, J.) 2/2 ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 15:53:18 :::