Jawaharlal Nehru Institute And ANR. v. Navi Mumbai Municipal Corporation And ORS.

osk 908-wp-4237-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4237 OF 2017 Jawaharlal Nehru Institute & Anr.

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Petitioners V/s.

Navi Mumbai Municipal Corporation & Ors.

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Respondents • Mr.Nishant Tripathi with Mr.Vaibhav Bandgar i/b. M.Tripathi & Co. for the Petitioners.

• Mr.S.V. Marne for Respondent Nos.1 & 2.

• Ms.R.A. Salunkhe, AGP for Respondent No.3.

CORAM : NARESH H. PATIL & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 20th APRIL, 2017.

P.C. :

1] The Petitioners challenge notice dated 30th January, 2017 given by Navi Mumbai Municipal Corporation. It is claimed by the Petitioners that their Educational Trust is registered under the Bombay Public Trust Act, 1950 and they are entitled to claim exemption in property tax.

2] Learned counsel appearing for the Corporation submits that the Petitioners had already applied for seeking such exemption, which application had not been decided by the Corporation. 1/2

osk 908-wp-4237-2017.odt 3] We direct the Corporation to take appropriate decision within three weeks on the issue, as stated above. 4] Till the decision is taken by the Corporation, the impugned notice dated 30th January, 2017 shall not be operative. 5] In case, any adverse order is passed by the Corporation against Petitioner, the same shall not take effect for two weeks from the service of copy of order on the Petitioners. 6] All issues on merits are kept open.

7] Writ Petition is disposed of.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [NARESH H. PATIL, J.] 2/2