Shining Star Co-Op. Society Ltd. v. The Commissioner Of Municipal Corporation Of Greater Mumbai And 3 ORS.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 40 OF 2018 IN WRIT PETITION NO. 1204 OF 2013 Shining Star Co-operative Society Ltd.

...Applicant/ Petitioner

Versus

The Commissioner of Municipal Corporation of Greater Mumbai & Ors.

...Respondents

---------- Mr. Abhishek Deshmukh, for the Petitioner.

Mr. Bharat Joshi, for the Respondents.

---------- CORAM :

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

DATE : 22 March 2018 ORDER :

1.

Not on board. Taken on board.

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2.

Heard the learned Counsel appearing for the Applicant. The substantive challenge in the Petition is to the order dated 26 February 2013 passed by Municipal Commissioner approving amalgamation. Now by this Notice of Motion, the Applicant which is the Writ Petitioner is seeking a writ of mandamus directing implemention of a notice issued under Sub-Section 1 of Section 53 of the Maharashtra Regional and Town Planning Act, 1966. The second prayer is based on the findings in the report of the experts regarding structural status. Third prayer is for allowing inspection of the flats and the fourth prayer is for directing the Respondents to pay arrears of maintenance and repair work.

3.

Interim relief can be granted only in the aid of final relief sought in the main Writ Petition. Considering the nature of final reliefs sought in the main Writ Petition, the prayers made in the Notice of Motion are beyond the scope of the Petition.

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4.

Accordingly, we decline to entertain this Notice of Motion. We dispose of the Notice of Motion.

5.

However, remedies of the Applicant to seek reliefs claimed in the Notice of Motion are kept open. [RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 3 / 3