ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3541 OF 2008 PETITION NO. 3541 OF 2008 PETITION NO. 3541 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.K.S.Patil for the Petitioner. Mr.A.J.Bhor for the B.M.C. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 1st August, 2008 : 1st August, 2008 : 1st August, 2008. P.C. P.C. P.C. . Heard Mr.Patil, the learned counsel appearing for the Petitioner and Mr.Bhor, the learned counsel appearing for the B.M.C.. 2. The Petition takes exception to the order of Small Causes Court, Mumbai passed in Municipal Appeal No.65/2000 whereby the order passed by the enquiry officer of B.M.C. fixing rateable value of wings Nos. F and G of Petitioners building at Rs.16,10,000/- came to be confirmed. 3. The contention of the Petitioner is that the plans in respect of all the wings of Petitioner’s building were approved and ( 2 ) sanctioned at the same time. However, Investigating Officer has adopted different rate for different wings. It is not disputed that the rateable value of the building is required to be assessed when the building is completed and made fit and suitable for occupation. The construction of wings A and B was completed in the year 1995 and the construction of the disputed wings viz. Wing Nos. F and G were completed in the year 1997. The inspection report of the Respondent’s Superintendent also shows that he inspected the Petitioners building on 29/11/1998 and found that some blocks of some wings which were incomplete as per the earlier assessment, were completed and physically occupied by the members of the Petitioners Society. In that view of the matter, I do not find any illegality in the approach adopted by the enquiry officer as well as Small Causes Court, Mumbai. The Petition is devoid of any merits and the same is, accordingly, dismissed. ( 3 ) [ R. V. MORE, J.] R. V. MORE, J.] R. V. MORE, J.]