Fali(Framroze) Taraporewa La v. The Municipal Corp. And ORS.

oswp1396 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1396 OF 2002 Fali(Framroze) Phiroz Taraporevala ...Petitioner vs.

The Municipal Corporation for Greater Mumbai & Ors.

...Respondents

None for the Petitioner Ms Geeta Joglekar for the respondent Nos.1 to 4. CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : JANUARY 28, 2016 P.C.:

None appears for the petitioner when the petition is called out on two occasions. The learned counsel for the Mumbai Municipal Corporation pointed out that four circulars which are impugned in this petition have been withdrawn by the Mumbai Municipal Corporation. We accept the said statement. As the impugned circulars have been withdrawn by the Municipal Corporation, substantive challenge to the said circulars in terms of prayer clauses (a) and (b) does not survive. If special assessment notice dated 21st March 2001 has been issued on the basis of the said circulars which are withdrawn, even the said notice will not survive. Accordingly, we dispose of the petition. Rule is discharged. No costs. Pending Chamber Summonses and Notice of Motion do not survive and the same are also disposed of.

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