MACROTECH DEVELOPERS LTD. Vs. CHIEF, TRANSPORT

JUDGEMENT

(1.) Rule. With consent of the parties, Rule is made returnable forthwith.

(2.) The Petitioner has approached this Court with a prayer that the order dated 23.12.2014 passed by Respondent No.3, Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority (for short, 'MMRDA'), the demand notice dated 24.6.2015 issued by Respondent No.5, Chief, Transport & Communications Division, MMRDA and internal note dated 27.8.2007 in respect of the proposed fees to be charged for enclosure of balcony in respect of Wadala Truck Terminal be quashed and set aside. The demand notice dated 24.6.2015 issued by Respondent No.5 was based on the impugned order passed by Respondent No.3 on 23.12.2014. The Petitioner is basically challenging the premium directed to be paid for permission to enclose the balconies.

(3.) The brief facts involved in this petition are as follows: Respondent No.2, Mumbai Metropolitan Region Development Authority (MMRDA) was entitled to develop a plot known as 'Wadala Truck Terminal (WTT)'. MMRDA is a statutory Corporation established under the Mumbai Metropolitan Region Development Authority Act, 1974 (hereinafter referred to as, 'MMRDA Act'). Around March 2010, Respondent No.2-MMRDA issued a tender inviting bids for allotment of WTT plot to be developed in accordance with the applicable laws.