Old Hemant Villa Co-Operative Housing Society v. Municipal Corporation Of Greater Mumbai And 4 ORS

(908) wp-724-19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.724 OF 2019 Old Hemant Villa Co-operative Housing Society ...

Petitioner Vs Municipal Corporation of Greater Mumbai and Ors.

...

Respondents Dr.Abhinav Chandrachud a/w Ms.Sonam Mhatre and Mr.Tejas Gokhale I/b Dhaval Vussonji & Associates for the Petitioner.

Ms.Vandana Mahadik for Respondent Nos.1 to 4.

Mr.Abhay Patki, Additional Government Pleader for Respondent No.5.

CORAM :- S. C. DHARMADHIKARI & B.P.COLABAWALLA, JJ.

DATE :- MARCH 27, 2019 P.C. :- 1.

Having heard Mr.Chandrachud appearing on behalf of the petitioner and perusing the writ petition as also its annexures, we are of the firm view that all the grievances as are projected in this writ petition can be made subject matter of the appeal under Section 217 of the Mumbai Municipal Corporation Act, 1988. M.M.Salgaonkar

(908) wp-724-19.doc 2.

Once there is a remedy of appeal available to the petitioner, which is not only alternate, but equally efficacious, then, we are not bound to entertain the writ petition. The writ petition is dismissed accordingly.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) M.M.Salgaonkar