The Rajhans Chs Ltd v. Mumbai Municipal Corporation Of Gr.Mumbai And 5 ORS

wp-1801.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1801 OF 2017 The Rajhans CHS Ltd.

... Petitioner Vs.

Mumbai Municipal Corporation of Gr. Mumbai and Ors. ... Respondents Mr. Venkatesh Dhond, Senior Counsel and Mr. Rohan Cama i/b. Ms. Chitra Rao for the Petitioner.

Ms. Vandana Mahadik for the Respondent - BMC. Mr. Vaibhav Sugdare i/b. M/s. A.S. Dayal & Associates for the Respondent Nos.4 and 5.

Ms. Priti Shah for the Respondent No.6.

CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

16th JULY 2018 P.C.

The learned senior counsel appearing for the petitioner states that subsequent to the dismissal of the petition, the petitioner obtained copies of the sanctioned plan and other documents. He, therefore, seeks permission to withdraw the petition with liberty to make a representation to the Respondent No.1 on the basis of the documents subsequently obtained.

wp-1801.17.odt Accordingly, we dispose of the petition as withdrawn with liberty as prayed. If such a representation is made, the Municipal Corporation shall decide the same in accordance with law as expeditiously as possible and within a period of two months from the date of filing the representation. We make it clear that the petitioner will be also entitled to rely upon the documents on which reliance was placed earlier in the petition in the said representation. We make it clear that all contentions of the Respondent Nos.4 to 6 are kept open. (RIYAZ I. CHAGLA, J) (A.S. OKA, J) by Pallavi Mahendra Wargaonkar Date:

2018.07.21 12:11:21 +0530 Pallavi Mahendra Wargaonkar