Bombay High Court
City Buildcon And Anr vs The City And Industrial ... on 22 December, 2022
Bench: R.D. Dhanuka, M. M. Sathaye
906-wp-15173 OF.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15173 OF 2022
City Buildcon And Anr. ...Petitioners
Versus
The City And Industrial Development Corporation
Of Maharashtra Ltd. And Ors. ...Respondents
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Shri R.D. Soni a/w.V.C. Kasle i/b. Ram & Co., for Petitioners.
Shri G.S. Hegde a/w.Ms.P.M. Bhansali, for Respondent Nos.1 to 3-CIDCO.
Ms.R.M. Shinde, AGP for State-Respondent No.4.
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CORAM : R.D. DHANUKA &
M.M. SATHAYE, JJ.
DATED : 22nd DECEMBER, 2022
P.C. :
1. Rule. Shri.Hegde, waives service for Respondent Nos.1 to 3-CIDCO.
Ms.R.M. Shinde, AGP for State-Respondent No.4. Rule is made returnable
forthwith.
2. By this petition filed under Article 226 of the Constitution of India, the
Petitioners seek a writ of Certiorari for quashing and setting aside letter dated
14.09.2022 and seek a writ of Mandamus to process the application for
Occupancy Certificate dated 02.06.2022 in respect of property described in
writ petition.
3. It is not in dispute that the application for Occupancy Certificate is
rejected on the ground that Public Interest Litigation relating to the subject
matter still pending before this Court.
906-wp-15173 OF.doc
4. We are perused the judgment delivered by this Court on 29.01.2020 in
Writ Petition (St.) No.251 of 2020 in case of Pankaj Shankarlal Bhanushali &
Ors. Vs. The Municipal Commissioner, Municipal Corporation of City of Panvel
& Ors. and also order dated 21.10.2022 passed by Division Bench of the this
Court in Writ Petition No.11359 of 2022 in case of Reddy's Infrastructure Pvt.
Ltd. & Anr. Vs. The City and Industrial Development Corporation of
Maharashtra Limited & Ors. directing the authority to grant Occupancy
Certificate in respect of the subject property on its own merits within a period
of two months from the date of order subject to the final out come of PIL
No.154 of 2016 and PIL Nos.121 and 122 of 2019.
5. We adopt the same course and pass the following order:
a) CIDCO shall consider the application of the Petitioners for grant of
Occupancy Certificate in respect of property described in prayer Clause (a) of
the petition within two months from today.
b) In case, the Occupancy Certificate is granted in favour of the Petitioners
by the CIDCO, the same shall be subject to final out come of PIL No.154 of
2016 and PIL Nos.121 and 122 of 2019.
c) It is made clear that the Petitioners or any other persons claiming
through petitioner shall not entitled to claim any equity in the event the order
or proceedings are adverse to the interest of the Petitioner may be a person
claiming through the Petitioners.
906-wp-15173 OF.doc
d) We have passed this order in view of the fact that our co-ordinate bench
has also already taken the similar views and decided the matter more
particularly in Writ Petition (St.) No.251 of 2020.
e) The writ petitions are made absolute in the aforesaid terms. Rule is
made accordingly. No order as to costs.
Parties to act on the authenticated copy of this.
(M.M. SATHAYE, J.) (R.D.DHANUKA, J.)
