Arihant Industrial Premises Co Op Society Ltd. Thru Its Members v. Vasai Virar City Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 118 OF 2022 IN WRIT PETITION NO. 2558 OF 2021 Arihand Industrial Premises Co. Op.

Society Ltd. through its Members ...

Petitioner V/s.

Vasai Virar City Municipal Corporation and Ors.

...

Respondents ------------------- Mr. Ram Apte, Senior Advocate a/w. Mr. Pradeep Havnur and Ms. Prajakta Jagtap for petitioner in RPW/118/2022. Mr. Saket Mone and Ms. Shreya Shah I.by Vidhi Partners for respondent no. 3.

Mr. A.I. Patel, Additional G.P. a/w. Ms. Kavita Solunke - AGP for the State.

---------------------

CORAM

: SUNIL B. SHUKRE & S.G. DIGE, J.J.

(IN CHAMBER) DATE : 18th JULY 2023.

P.C. :

.

Considering the fact that there had been a contention about the Corporation violating various provisions contained in Maharashtra Highways Act,1955, some of which were mandatory in nature, had erroneously issued the stop work notice, which contention has not been considered by this Court while refusing ad-interim relief, we find that the error in the order dated 2nd December 2021 is quite manifest 3.RPW-118-2022.doc varsha

and apparent and therefore, the order dated 2nd December 2021 is hereby recalled.

2.

Let this petition be placed before the appropriate bench for further consideration.

(S.G. DIGE, J) (SUNIL B. SHUKRE, J) 3.RPW-118-2022.doc varsha