M/S. Span Ventures v. Mira Bhayandar Municipal Corporation And ORS.

519-WP-3817-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3817 OF 2018 M/s. Span Ventures ... Petitioner

Versus

Mira Bhayandar Municipal Corporation & Ors.

... Respondents Mr. Vineet Naik, Senior Advocate with Mr. Krishna Moorthy, and Mr. Deepu Jojo i/b Wadia Ghandy & Co. for the Petitione. Mr. Manish Pabale, AGP for Respondent No.3.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

26TH MARCH 2018.

PC:- 1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the Petitioner. Against the impugned communication dated 21st February 2018, an efficacious remedy of preferring an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 is available. Hence, we decline to entertain this Petition under Article 226 of the Constitution of India.

3.

The Petition is disposed of with liberty to the Petitioner to prefer an appeal. If such appeal is preferred, the State Government shall endeavour to decide the same as expeditiously as possible and preferably within a period of four months from 1/2

519-WP-3817-2018.DOC date on which the appeal is filed. All contentions on merits are kept open.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2