Dismissed

Bipinchandra Harivallabhdas Shah v. the Municipal Corporation of Greater Mumbai and 3 Others

Bombay HC14 Jun 2018WP/2053/2018

Case brief

AI extract

What is this about?

Petitioner approached High Court via writ petition against rejection of development permission application. Court held efficacious statutory remedy under Section 47 exists. Writ petition dismissed but merits kept open.

What did the court decide?

Petition dismissed as no entertaiment warranted due to availability of statutory remedy under Section 47.

Bipinchandra Harivallabhdas Shah Vs the… — Constitutional and Fundamental Rights | Bombay HC (2018)

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517-WPL-1878-2018.DOC

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Jsn

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO. 1878 OF 2018

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Bipinchandra Harivallabhadas Shah … Petitioner Versus Municipal Corporation of Gr. Mumbai & Ors. … Respondents

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Mr. Mohit Jadhav, for the Petitioner.

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

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CORAM: A.S. OKA AND RIYAZ I. CHAGLA, JJ. DATE: 14TH JUNE, 2018.

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PC:-

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Not on board. Taken on board.

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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.

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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.

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

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Bipinchandra Harivallabhdas Shah v. the Municipal Corporation of Greater Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

Bipinchandra Harivallabhdas Shah v. the Municipal Corporation of Greater Mumbai and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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