Indus Towers Limited v. Mira Bhayandar Municipal Corporation And ORS

ash wp-6802.13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6802 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri T. Kapadia i/b M/s. D.H.Law Associates for the Petitioner. Shri N.R. Bubna for the Respondent Nos.1 to 4. Shri Rushil Mathur i/b Mulla & Mulla and Craigie Blunt and Caroe for the Respondent No.7.

Mrs. M.P. Thakur, AGP fr the Respondent No.8. - CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

1ST MARCH 2016 P.C.:

.

Perused the affidavit in reply of Shri Dilip Gheware, the Town Planner of Mira Bhayandar Municipal Corporation. The said officer is present in the Court. Paragraph 2 of the said affidavit in reply states that in view of the Circular dated 19th November 2015, the impugned Resolution dated 15th January 2013 stands superseded. The learned counsel appearing for the first to fourth Respondents on instruction of Shri Gheware states that the said

ash wp-6802.13 Resolution dated 15th January 2013 stands superseded and no further action will be taken on the basis of the said Resolution. We accept the said statement. In view of this statement, the impugned orders which are based on the impugned Resolution dated 15th January 2013 cannot be implemented. Hence, the Petition is accordingly disposed of. We, however, make it clear that if the Petitioner has any grievance about the Circular dated 19th November 2015, it will be open for the Petitioner to challenge the same in accordance with law.

2.

Subject to what is observed above, the Rule is discharged.

(C.V. BHADANG, J) (A.S.OKA, J)