1 wp1728-1996 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1728 OF 1996 Ananda Bazar Patrika Ltd. .. Petitioners Vs. Municipal Corporation of Greater Bombay and Ors. .. Respondents Dr.Milind Sethe, Sr.Advocate with Mr.H.N.Vakil, Mr.Sunil Chaukar i/b M/s.Mulla and Mulla & Craigie Blunt and Caroe for the petitioners Ms.Priti Purandare for the respondents CORAM: D.K.DESHMUKH & K.K. TATED, JJ. DATE: 15th FEBRUARY, 2011 P.C. 1. The learned counsel for the Municipal Corporation states that the Municipal Corporation withdraws the communication dated 6.7.95. Copy of which is at Exhibit G to the petition. She states that the ‘ ’ Corporation will not claim from the petitioners any amount in relation to open space deficiency and parking deficiency. Decision to charge penalty will be taken by the Corporation after granting the petitioners an opportunity of being heard. 2 wp1728-1996 2. The statement is accepted. 3. In view of this statement, petition is disposed of with a direction to the Corporation that in case the petitioners are heard on the question of penalty, the Corporation shall also hear the petitioners on the question whether the Corporation was justified in issuing notice under section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. 4. The amount deposited by the petitioners on account of open space deficiency and parking deficiency shall be refunded to the petitioners within a period of 4 weeks. The other amount shall also be refunded depending on the decision that the Corporation takes. 5. Petition is disposed of. (D.K. DESHMUKH, J) (K.K. TATED, J)