T Bhimjyani Realty Private Limited vs State Of Maharashtra, Represented By ...
2023 Latest Caselaw 12389 Bom

Bombay High Court

T Bhimjyani Realty Private Limited vs State Of Maharashtra, Represented By ... on 7 December, 2023

Author: G.S. Patel

Bench: G.S. Patel

                                                                                919-ASCP-490-2023.DOC




                                                                                                       Varsha



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                     CONTEMPT PETITION NO. 490 OF 2023
                                                              IN
                                         WRIT PETITION NO. 12409 OF 2022


                       T Bhimjyani Realty Pvt Ltd                                           ...Petitioner
                             Versus
                       State of Maharashtra, Represented by the                         ...Respondents
                       Principal Secretary, Ministry of Urban
                       Development & Ors


                       Mr Pravin Samdani, Senior Advocate, with Harshil Parekh, Sneha
                            Golecha, for the Petitioner.
                       Mr RS Apte, Senior Advocate, i/b Mandar Limaye, for the
                            Respondent-TMC.
VARSHA                 Mr Kedar Dighe, Addl. GP, with AA Alaspurkar, AGP, for the
DEEPAK
GAIKWAD                     Respondent-State.
Digitally signed by
VARSHA DEEPAK
GAIKWAD
Date: 2023.12.08
10:46:13 +0530

                                                     CORAM     G.S. Patel &
                                                               Kamal Khata, JJ.

                                                     DATED:    7th December 2023
                       PC:-

1. Mr Apte on instructions states that the answering Respondent namely the Thane Municipal Corporation ("TMC") and its Commissioner will require six weeks' time as several steps are to be taken for compliance. This must be understood as a final opportunity from the court.

7th December 2023

919-ASCP-490-2023.DOC

2. We cannot constantly adjourn this matter. This is after all a question of compliance with a reasoned order and judgment of a Division Bench of this court delivered as far back as on 24th February 2023 in Writ Petition No 12409 of 2022. A copy of that judgment is at "Exhibit BB" to the Petition. This was followed by a legal notice on 6th March 2023 after which the Petitioner has threatened contempt.

3. We also note that there is no question of the TMC saying now that it is considering carrying that judgment higher because it did so and its Special Leave Petition was ultimately dismissed. That dismissal was relatively recent, on 25th September 2023.

4. The reason we have noted this is that the TMC would be well advised to expedite the process of compliance viz., the issuance of TDR. Obviously, the computation of the amount of TDR etc., and verification will take sometime and this is why we have granted the latitude. We make it clear that we have not excused compliance. The potential result of continued non-compliance is already before us.

5. List the matter on 12th February 2024 for compliance.

 (Kamal Khata, J)                                            (G. S. Patel, J)





                               7th December 2023