1 WP-971-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.971 OF 2011 Mumbai Metro One Pvt. Ltd. ..Petitioner Vs Municipal Corporation of Greater Mumbai and ors. ..Respondents -- Mr.Iqbal Chagla, Sr. Counsel with Ms.Anjali Chandorkar i/b.M/s.Mulla & Mulla and Craigie Blunt and Caroe, for petitioner. Ms.Priti Purandare, for respondent nos.1 and 2. Mr.J.S.Saluja, AGP for respondent no.3. Mr.D.A.Athavle with Mr.G.Hariharan, for respondent no.4. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 28 th JULY, 2011 P.C: By this petition, the petitioner claims that the respondent – Corporation cannot recover any municipal taxes and Octroi from the 2 WP-971-11.odt petitioner. The claim of the petitioner is that they are exempted from payment of any taxes to any local Authority. The petitioner is relying on the provisions of the Railway Act, 1989 as also the judgment of the learned single Judge of Delhi High Court in the case of Delhi Metro Rail Corporation Limited Vs. Municipal Corporation of Delhi and ors, 150(2008) Delhi Law Times 367. The petitioner has also made two representations to the Corporation. The first representation is dated 29 th April, 2010, copy of which is annexed at Exhibit “K” to the petition and the second representation is dated 15 th March, 2011, copy of which is annexed at Exhibit “N” to the petition. 2] The learned counsel appearing for the Corporation has stated before us that the Addl. Municipal Commissioner (Projects) will decide the representations made by the petitioner in accordance with law by a reasoned order after giving opportunity of being personally heard to the petitioner, as expeditiously as possible and in any case, within a period of six weeks from today. The statement is accepted 3] In view of the statement made on behalf of the Corporation, it is directed that the Addl. Municipal Commissioner (Projects) shall decide the representations of the petitioner in accordance with law, 3 WP-971-11.odt within the time specified above and, till the Addl. Municipal Commissioner (Projects) decides the representations made by the petitioner, no taxes shall be recovered from the petitioner by the Corporation. The petitioner shall, however, maintain account. 4] In case the representations of the petitioner are rejected by the Addl. Municipal Corporation, that order shall not be given effect for a period of four weeks from the date of its communication to the petitioner. Petition stands disposed of. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]