Supreme Court of India
The New India Co-operative Housing Society Ltd. v. Municipal Corporation of Greater Mumbai & Anr.
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What the Court ordered
In view of the above, this appeal succeeds and the G judgment of the learned Single Judge as well as the Division Bench, are set aside.
Judgment, page 8
From the headnote
Bombay Municipal Corporation Act; S. 354A: c Housing Society Plots - Lessee making construction in violation of conditions of lease deed - Expulsion of- Issuance of stop work notice and later its withdrawal by Municipal Corporation and sanction of amended plan - Correctness of - Held: Construction made in violation of terms of lease deed .,( was illegal - No objection certificate from the society was ~ condition necessary before obtaining sanction of the amended building plan from Municipal Corporation - In absfJnce of NOC, Municipal Corporation cannot sanction the amended building plan -
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