Yashoda Co-Operative Housing ... vs Municipal Corporation Of Gr. ...
2017 Latest Caselaw 6185 Bom

                                                                       (58) WP 1629-17.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                           WRIT PETITION NO. 1629 OF 2017

       Yashoda Co-operative Housing
       Society Limited & Ors.                                      ...Petitioners
             Vs.
       Municipal Corporation of Greater
       Mumbai & Ors.                                               ...Respondents

                                    ............
       Dr. Virendra Tulzapurkar, Senior Counsel along with Mr. Sanjay 
       Kadam,   Ms.   Apeksha   Sharma,   Mr.   Sanjil   Kadam,   Ms.   Sayalee 
       Rajpurkar i/by M/s. Kadam & Co., for the Petitioners.
       Ms. Pallavi Thakar, for Respondent nos. 1 to 3 - M.C.G.M.
       Mr. Shamrao Gore, AGP for Respondent no.4-State. 
                                    ............

                                                         CORAM : B.R.GAVAI & 
                                                                       M.S. KARNIK, JJ.

DATED: 16TH AUGUST, 2017

P.C. :

Issue notice, returnable on 6/9/2017.

2. In view of the interim order passed in similar matter i.e. Writ Petition (L) No.1262 of 2017 on 5 th May, 2017 by Division Bench, we find that the present petitioners are also entitled to following similar reliefs :-

(a) By way of ad-interim relief, we direct the petitioners to pay the municipal property tax at the pre-amended rates and also the additional taxes at the rate of 50% of the differential tax between the tax

(58) WP 1629-17.doc

payable under the old regime and now payable on the basis of capital value of the property.

(b) The petitioners will pay such amounts and the Municipal Corporation shall accept the amounts without prejudice of the rights and contentions of the parties.

(c) The amount shall be deposited within two weeks from today.

(d) For computing such amount, the petitioners shall be entitled to credit of any amount which is already deposited in the Corporation in respect of the subject matter by the Corporation.

3. The present Writ Petition be heard with connected matters.

(M.S. KARNIK, J.) ( B.R.GAVAI, J.)