The South Indian Bank Limited v. The Municipal Corporation Of Greater Mumbai

908-OSWP-836-2024+.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 836 OF 2024 WITH INTERIM APPLICATION (L) NO. 31389 OF 2023 IN WRIT PETITION NO. 836 OF 2024 The South Indian Bank Ltd

...Petitioner

Versus

The Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr Zarir Bharucha, with Mayur Khandeparkar, Nidhi Singh, Zoheb Khatri & Brian Noronha, i/b India Law LLP, for the Petitioner. Ms Poonam Mittal, AGP, for the Respondent-State. Mr Pratik Seksaria, Senior Advocate, with Mrityunjay Bavai, i/b Dushyant Lilani, for Respondents Nos 4 & 5.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

27th February 2024 PC:- 1.

The Technical Advisory Committee ("TAC") order cannot possibly come in the way of an owner of a structure proposing a complete redevelopment of the building in accordance with law and subject to all necessary permissions, clearances and consents. If by SANDHYA BHAGU WADHWA Date:

2024.02.28 11:25:50 +0530 SANDHYA BHAGU WADHWA 27th February 2024

908-OSWP-836-2024+.DOC there is a dispute as to title, that obviously will have to be adjudicated in a Civil Court of appropriate jurisdiction. Having regard to the TAC report, a copy of which is annexed to the Interim Application from page 22, we do not believe that further orders are necessary.

2.

No orders in this Writ Petition will come in the way of the Petitioner applying to the Municipal Corporation of Greater Mumbai for the necessary redevelopment permissions. Those applications if made will be considered in accordance with law. 3.

The Petition and the Interim Applications are disposed of in the above terms.

(Kamal Khata, J) (G. S. Patel, J) 27th February 2024