Jamuna Tower Co-Operative Society Ltd. v. Mira Bhayander Municipal Corporation And ORS.

sng wp-7492.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.7492 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Sachin Chavan for the Petitioner.

Ms. Manisha Salekar i/b Shri N.R.Bubna for the Respondent No.1. Shri A.I. Patel, Addl.GP for the Respondent Nos.2 to 4. - CORAM :

A.S. OKA & SMT. VIBHA KANKANWADI, JJ DATED :

23RD JUNE 2017 P.C.:

1.

By the impugned order, the Application for development made under Section 44 read with Section 45 of the Maharashtra Regional and Town Planning Act, 1966 has been rejected by the Municipal Corporation. An efficacious remedy of preferring an Appeal under Section 47 of the MRTP Act against the order is available to the Petitioner. Hence, we decline to entertain this Petition and the same is, accordingly, disposed of.

sng wp-7492.16 2.

Remedy of the Petitioner is kept open. If an Appeal is preferred by the Petitioner within a period of one month from today, the Appellate Authority is bound to note that the present Petition was filed on 30th June 2016 which remained pending till today. (SMT.VIBHA KANKANWADI, J) (A.S.OKA, J)