SALOMAN MATHEW TUSCANO v. VASAI-VIRAR MUNICIPAL CORPORATION AND ORS
WP/11713/2022 · 2026-09-08
Transfer Petitionbody2022
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[ 2022 DAILYLAW 3208 (BOM) · dailylaw.ai ]
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[ 2022 DAILYLAW 3208 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17-WP-11713-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL JURISDICTION WRIT PETITION NO. 11713 OF 2022 Saloman Mathew Tuscano ...Petitioner Versus The Vasai Virar Municipal Corporation & Ors. ...Respondents Mr. Mohit P. Jadhav a/w Mr. Manish Shirke for the Petitioner. Mr. Swapnil R. Patil for the Respondent Nos.1 and 2 – VVCMC.
CORAM : M. S. KARNIK & SANDESH D. PATIL JJ.
DATE : 8
th SEPTEMBER, 2026
P.C. :
1. The limited relief which is sought in this petition is a direction against the respondent Nos. 1 and 2 that the notice issued by them under Section 53 of the Maharashtra Regional Town Planning Act, 1966 (‘MRTP Act’) be taken to its logical end.
2. Admittedly, the respondent Nos. 1 and 2 have issued Wakodikar 1/3 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.10 13:44:50 +0530
17-WP-11713-2022.doc notice under the provisions of Section 53 of the MRTP Act upon the noticee in respect of property bearing Survey No. 70/11 and Survey No. 70/12 of village Kofrad, Taluka Vasai, District Palghar. The
learned Counsel appearing for the respondent Nos. 1 and 2 does not dispute that the notice under Section 53 of the MRTP Act is issued by them. The said notice is at ‘Exhibit - B’ to the present petition.
3. It is the contention of the petitioner that, inspite of sending the notice, no further steps have been taken by the respondent Nos. 1 and 2 as was contemplated under Section 53 of the MRTP Act.
4. In light of the aforesaid facts and circumstances, we direct the respondent Nos. 1 and 2 to hear the respondents who are likely to be affected by the notice dated 20th December, 2013 issued by the respondent Nos. 1 and 2. Since the notices are issued in the year 2013, we direct the respondent Nos. 1 and 2 to issue fresh notices to the said petitioner and take the action to its logical end. The said Wakodikar 2/3
17-WP-11713-2022.doc exercise be undertaken within a period of ten weeks from the date of producing the authenticated copy of this order.
5. With the aforesaid observation, nothing remains for further consideration in the petition. Petition is disposed of.
(SANDESH D. PATIL, J.)
(M. S. KARNIK, J.) Wakodikar 3/3