Bipinchandra Harivallabhdas Shah v. The Municipal Corporation Of Greater Mumbai And 3 Others

517-WPL-1878-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1878 OF 2018 Bipinchandra Harivallabhadas Shah ... Petitioner

Versus

Municipal Corporation of Gr. Mumbai & Ors.

... Respondents Mr. Mohit Jadhav, for the Petitioner.

Ms. Pallavi Thakar and Ms. Shital Mane, for Respondent - BMC.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

14TH JUNE, 2018.

PC:- 1.

Not on board. Taken on board.

2.

Perused Exhibit N. What is mentioned in Exhibit 'N' shows that the application made by the Petitioner for grant of development permission has been rejected. This fact has been confirmed by the learned counsel appearing for the Municipal Corporation. 3.

The Petitioner has an efficacious remedy available to prefer an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. In view of availability of the remedy which is an efficacious remedy, we decline to entertain this Petition under Article 226 of the Constitution of India. However, all contentions on merits are kept open.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 1/1