Writ petition challenging a notice issued by MHADA based on an unchallenged prior order was dismissed for lack of merits.
Petition dismissed for lack of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP-1600-07
Chandka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1600 OF 2007
Naseem Banu & Ors. versus
The Dy. Chief Officer, Mumbai Building Repairs & Reconstruction Board & Ors.
..Petitioners
..Respondents
Mr. N. R. Bubna for Petitioners. Mr. S. P. Thorat for Respondent Nos. 1 and 2. Mr. V. S. Gokhale - Assistant Government Pleader for Respondent No. 4.
CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ.
14 March 2012
P.C. :
Heard the learned counsel for the petitioners, the learned counsel for
the respondent Nos. 1 and 2 and the learned Assistant Government Pleader for the State – respondent no. 4.
for the respondent nos. 1 and 2 has brought to the notice of this Court that
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WP-1600-07
Chandka
the impugned notice dated 8.2.2007 issued by respondents – MHADA is on the basis of notice / order dated 30.9.2006 issued by the Deputy Officer, Mumbai Building Repairs and Reconstruction Board. It is submitted that the said notice / order has not been challenged by the petitioners and only impugned in the present writ petition incidental notice dated 8.2.2007 issued by MHADA based on the notice / order dated 30.9.2006.
(SMT. V. K. TAHILRAMANI, J.)
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2 issues framed by the court
Whether the petition, challenging an order based on an unchallenged prior notice, proceeds on merits.
Whether the impugned notice incurs dismissal for lack of merits due to lack of challenge to its basis.
Naseem Banu & Ors.
The Dy. Chief Officer, Mumbai Building Repairs & Reconstruction Board & Ors.
D. D. Sinha
V. K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
