Shivaji Nagar Co Operative Housing Society (Pro) v. The State Of Maharashtra And 5 Others

WP 892-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 892 OF 2017 Shivaji Nagar Co-operative Housing Society .. Petitioner V/s The State of Maharashtra & Ors.

.. Respondents Ms. Dipti Raja i/b Ms. Rohini Jadhav for the petitioner. Ms. Jyoti Chavan, AGP for respondent nos.1, 3 and 5. Mr. Sagar Patil for respondent nos.4 and 6.

Mr. Chinmaya Acharya i/b Mr. Yadhunath Choudhari for respondent no.2. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : 22 nd FEBRUARY 2018 P.C.:

Let the Municipal Corporation produce the documents sought by the Collector, Mumbai City, and particularly the City Survey Officer, so as to enable the Competent Authority to take a decision as to whether the land belongs to Brihan Mumbai Mahanagar Palika or otherwise. If such a document is placed within a period of four weeks with the Competent Authority, the Competent Authority shall take such decision as is permissible in law. In the absence of any document being produced, the State can very well take the subject land as vesting in it absolutely. The writ petition is disposed of with no order as to costs. (SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.) ABS