Bkc Properties Private Ltd., And 2 Others v. Brihan Mumbai Municipal Corporation And 3 Others

WP. 1245-11.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 1245 OF 2011 BKC Properties Pvt. Ltd. & Ors.

...

Petitioners Vs.

Municipal Corporation of Gr. Mumbai & Anr.... Respondents *** Mr. Milind Sathe, Sr. Counsel, Ms. Hemlata Jain, Ms. S. G. Vedpathak i/b Maneksha & Sethna, for the Petitioners.

Ms. Pallavi Thakar, for the Respondent - BMC. *** CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.

DATE : FEBRUARY 1, 2018 PC :

1.

Called out for final hearing.

2.

Heard the learned senior counsel for the Petitioners and the learned counsel for the Mumbai Municipal Corporation. The learned senior counsel for the Petitioners, on instructions, states that as the Petitioners have no grievance as regards the prayer clause (a), they are not pressing the same.

3.

The learned senior counsel has fairly invited our attention to the orders passed in Appeal No. 801 of 2004. Thus, the issues raised 1 / 2

WP. 1245-11.doc in support of prayer clause (b) will be governed by a view taken in Appeal No. 801 of 2004.

4.

In view of this position, no relief can be granted in terms of prayer clause (b) as the remedy of the Petitioners will be elsewhere. 5.

Accordingly, we dispose of this petition by passing the following order:

(i) The prayer clause (a) is disposed of as not pressed; (ii) The prayer clause (b) cannot be granted in view of the binding decision of this Court in Appeal No. 801 of 2004;

(iii) Rule is discharged;

(iv) On a prayer being made by the learned counsel for the Petitioners, ad-interim order dated 11th September, 2006 passed by the Apex Court, which was continued under order 8th March, 2011 will continue to operate for a period of eight weeks from today.

Sd/- Sd/- [P. N. DESHMUKH, J.] [A. S. OKA, J.] Vinayak Halemath 2 / 2