In a relief for Kalpataru Properties (Thane) Pvt. Ltd., the Bombay High Court has directed the Thane Municipal Corporation (TMC) to remove the seal from Korum Mall in Thane.
The court said it was convinced that “grave and irreparable harm, loss and injury will be caused to the petitioners” if the seal affixed on the mall consisting of 82 establishments is not removed and the huge number of shoppers are not allowed to shop during the festive season.
TMC had sealed the premises stating that the developer had failed to pay the property tax. TMC additional municipal commissioner Sandeep Malvi said, “We have not sealed any mall. We just gave a notice to them for non-payment of property tax.”
Counsel Girish Godbole and advocates Shivraj Patne and Suneet Tyagi, appearing for Kalpataru pointed out an earlier HC order which held that the property of a party cannot be sealed on the alleged ground of non-payment of property tax.
It was further contended that in case of non-payment of property taxes, the corporation has the power to attach / auction the premises but cannot seal the same.
Agreeing with the arguments, a vacation bench of Justices SJ Kathawalla and SP Tavade said, “The TMC commissioner is directed to ensure that the seal affixed on the subject mall is forthwith removed and the owners of the establishments are allowed to carry on their respective businesses.”
The HC has also has also asked the TMC appear before it through its advocate on the next date of hearing on November 8.
