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[Cites 2, Cited by 4]

Bombay High Court

The Municipal Corporation Of Gr.Mumbai vs State Of Maharashtra And 3 Ors on 15 July, 2021

Author: V.G. Bisht

Bench: A.A. Sayed, V.G. Bisht

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                            WRIT PETITION NO.827 OF 2021


THE MUNICIPAL CORPORATION OF
GREATER MUMBAI                                        ....PETITIONER
     V/S
STATE OF MAHARASHTRA & ORS.                           ....RESPONDENTS

                                         ...

Mr. G.S. Godbole a/w Ms. Vandana Mahadik i/b Mr. Aruna K. Savla for the
Petitioner-MCGM.
Mr. Kedar Dighe, AGP for Respondent No.1-State.
Mr. Ketan Parekh i/b M/s. K.R. Parekh & Co. for Respondent No.4.
                                    ...

                                    CORAM : A.A. SAYED &
                                            V.G. BISHT, JJ.

DATE : 15 JULY 2021.

(THROUGH VIDEO CONFERENCING) P.C.:

1 The Petition has been filed by the Petitioner-Corporation essentially seeking the following relief:
"This Hon'ble Court be pleased to issue a writ of mandamus or any other writ order or direction of like nature, and call for the record and proceedings leading to the impugned order dated 20th July, 20202 (Exhibit-A) and be pleased to quash and set aside the impugned order dated 20th July, 2020"

2 The learned Counsel for the Petitioner-Corporation states that on 6 July 2021 the General Body of the Petitioner-Corporation has passed a 1/2 ::: Uploaded on - 16/07/2021 ::: Downloaded on - 17/07/2021 01:01:01 ::: k 2/2 8 wp 827.21 os.doc resolution to acquire the property bearing C.S No.349 as well as CTS Nos.347 and 348. He further states that on 8 July 2021 an Application was made by the Petitioner-Corporation to acquire the aforesaid properties and on 13 July 2021 a Notification under section 126(4) of the Maharashtra Regional Town Planning Act read with section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been issued for acquisition of the said properties.

3 In view of the above, the Petition is now rendered infructuous. Learned Counsel for the Petitioner-Corporation however states that there are issues of law which are raised in the Petition. We only clarify that the issues of law are kept open.

4 The Petition to stand disposed of.

                 (V.G. BISHT, J.)                        (A.A. SAYED, J.)
katkam




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