Wp 754/2011 1 SRS. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.754/2011 Larsen & Toubro Ltd. Petitioner Vs. The Municipal Corporation of Gr.Mumbai & Ors. Respondents Mr.E.P.Barucha Sr.Counsel with Adv.Mr.Sunil Tilokchandani with Ms.Priya Diwadkar i/b Manilal Kher Ambalal & Co.for petitioner Mr.D.A.Nalawade,GP for MMRDA Ms.V.S.Gharpure for BMC CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 17 th November,2011 P.C. 1 By way of this petition, the petitioner has challenged the special notices issued by the respondent no.1, MCGM to the petitioners under sections 162(2) and 167 of the MMC Act,1988 by which it is informed to the petitioner that the assessment of the property of the petitioner has been fixed at Rs.38836070/-net per annum for the year 2009-2010 w.e.f.1/4/2009. It is the grievance of Wp 754/2011 2 the petitioner that the petitioner has merely given license by MMRDA and the property belongs to MMRDA. MMRDA moved the State Government for fixing lumpsum contribution in vieu of tax levied by local authority. Learned counsel for MMRDA states that such proposal is presented by MMRDA considering section 45 of the MMRDA Act, 1974. Whether such demand can be made in connection with the property belonging to MMRDA while fixing lump sum contribution in lieu of tax pending with the State Government. 2 The Assessing Officer is directed to hear the petitioner and even hearing may be given to MMRDA and after hearing the petitioner, an appropriate decision may be taken by keeping in mind provisions of Section 45 of the MMRDA Act, 1974. The decision may be taken after hearing the petitioner in connection with subject notices annexed at Exh.B-1 and B-2. Till then no further steps will be taken against the petitioner in connection with the subject notices. 3 The appropriate decision may be taken within three weeks from today. In case the decision is adverse to the petitioner, the Wp 754/2011 3 same may not be implemented for a period of two weeks thereafter. 4 Subject to what is stated above, the petition is disposed of. ( MRS.MRIDULA BHATKAR, J. ) ( P.B.MAJMUDAR, J. )