1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2552 OF 1999 ... M/s.Tata Housing Development Company Ltd. & Anr. ...Petitioners v/s The Municipal Corporation of Gr.Mumbai & Anr. ...Respondents ... Dr,V.V.Tulzapurkar, Sr.Advocate i/b Wadia Gandhy & Co. for the Petitioners. Mr.S.S.Pakale with Ms.S.M.Modle for the Respondent No.1. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 7 th October, 2009 P.C.: 1. In this petition the Petitioners claim that during the period from 1995 till the occupation certificate is granted, the plot was under construction, but the property taxes including water tax, sewerage tax, 2 water charges and sewerage charges have been levied and calculated as if the plot is with a building standing thereon. 2. The Corporation has not filed any affidavit. However, the learned Counsel appearing for the Corporation did state before us that the claim of the Petitioner is not correct. However, in our opinion, controversy cannot be resolved in this petition, in the absence of any affidavit being filed on behalf of the Corporation. Therefore, with the consent of the learned Counsel for both sides, petition is disposed of in following terms: (i)The Petitioner to make a representation to the Commissioner of the Respondent/Corporation making a grievance about the property tax, water tax, 3 sewerage tax, water charges and sewerage charges for the period from 1995 till the occupation certificate is granted, within a period of two weeks from today. (ii) On such representation being filed, the Respondent No.1 shall grant an opportunity of being heard to the Petitioners and make a speaking order thereon in accordance with law. (iii) In case the Petitioners feel aggrieved by that order, they will be free to adopt appropriate remedy that may be available to them under the law. 3. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)