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Bombay High CourtWP/102/2021disposed off

Landcare Realty Llp And ANR. v. The Municipal Corporation Of Greater Mumbai And 2 ORS.

2022-10-20Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Justice Kamal Khata2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.102 OF 2021 Landcare Realty LLP & Anr.

.. Petitioners v/s.

The Municipal Corporation of Greater Mumbai & Ors.

.. Respondents Mr. Amogh Singh a/w Ms. Sneha Patil, Mr. Saurabh Kshirsagar i/b. M/s. Maniar Srivastava Associates for the petitioners. Ms. Vandana Mahadik i/b. Mr. Sunil Sonawane for the respondent nos.1 & 2-MCGM.

Mr. L.T. Satelkar, AGP, for the State-respondent no.3. CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 11TH NOVEMBER, 2022.

P.C. :

1. This matter is placed on board for directions in view of the praecipe filed by the learned counsel for the petitioner for Speaking to the Minutes of Order dated 20 th October, 2022 passed by this Court.

Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.11.12 10:29:32 +0530 SANDHYA BHAGU WADHWA 1/2 904.wp-102-21.doc wadhwa

2. Mr. Singh, the learned counsel for the petitioners invited our attention to the prayers in this writ petition and also the issue raised by the petitioners relating to payment of development charges under Section 124(B) of the MRTP Act and submitted that the issue involved in this petition are not decided by this Court in the said judgment delivered on 20 th October, 2022 in that batch of petitions.

3. Learned counsel for the Municipal Corporation does not dispute this position. It is accordingly made clear that, by the said judgment dated 20 th October, 2022, the Writ Petition No.102 of 2022 is not disposed off.

4. In view of the aforesaid clarification, Writ Petition No.102 of 2022 is restored to file along with interim orders passed by this Court therein and shall be heard separately.

5. Place this matter also on board "for directions" on 14 th November, 2022 along with Writ Petition (L)No.2396 of 2022. (KAMAL KHATA, J.) (R.D.DHANUKA, J.) 2/2 904.wp-102-21.doc wadhwa