Bombay High Court
M/S Girraj Corporation And Anr vs The Additiional Town Planning ... on 6 February, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
17-ASWP-1383-2023+.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1383 OF 2023
Aaiji Group ...Petitioner
Versus
The Additional Town Planning Officer (CIDCO) ...Respondents
& Ors
WITH
WRIT PETITION NO. 1384 OF 2023
Kamdhenu Devkrupa Realtors LLP through ...Petitioner
Partner Karan Surinder Sabholk
Versus
The Additional Town Planning Officer & Ors ...Respondents
WITH
WRIT PETITION NO. 1385 OF 2023
Girraj Corporation & Anr ...Petitioners
Versus
The Additional Town Planning Officer (CIDCO) ...Respondents
& Ors
ASHWINI
HULGOJI
GAJAKOSH
Digitally signed by
ASHWINI
WITH
HULGOJI
GAJAKOSH
Date: 2023.02.08
10:26:01 +0530
WRIT PETITION NO. 1386 OF 2023
Meghna Infra Project ...Petitioner
Versus
The Additional Town Planning Officer & Ors ...Respondents
Page 1 of 6
6th February 2023
17-ASWP-1383-2023+.DOC
Mr Suresh Sabrad, with Jeetenndra Sachhdev, Amey Sawant, Gracy
Saldana & Abubakar Patel, i/b JS Legal, for the Petitioners in all
Writ Petitions.
Mr Siddharth Shitole, i/b Ashutosh Kulkarni, for the Respondent-
CIDCO.
Mrs PN Diwan, AGP, for the Respondent-State.
CORAM G.S. Patel &
Dr Neela Gokhale, JJ.
DATED: 6th February 2023
PC:-
1. In all these matters, the Petitioners seek an order against
CIDCO to issue an Occupancy Certificate. We are told that these
Occupancy Certificates have been delayed (not refused) because of
the pendency of some PILs. Our attention is drawn to a previous
order dated 8th December 2022. A copy of that order is at page 68
of Writ Petition No. 12452 of 2022. We reproduce that from pages
68 to 69.
"The Petitioner seeks occupancy certificate."
2 We have heard learned Counsel for the Petitioner
and Respondents.
3 Reference is made to the orde3r dated 20th January,
2019 in Writ Petition (St.) No.251 of 2020 passed by the
coordinate Bench of this Court in similar matter.
4 In light of that, we adopt the same course and pass
the similar order.
application of the Petitioner and grant of occupancy
6th February 2023
17-ASWP-1383-2023+.DOC
certificate in respect of construction of Plot No.100, Sector
No.18, Ulwe Node (12.5% scheme), Navi Mumbai on its
own merit. The said decision shall be taken preferably
within two months from today.
6 In case of Occupancy Certificate is granted in favour
of the Petitioner by CIDCO, then the same shall be subject
to final outcome of PIL No. 154 of 2016 and PIL No121 and
122 of 2019. It is further made clear that the Petitioner
herein or any other person claiming through the Petitioner
shall not be entitled to claim any equity in the event the
orders in PIL No.154 of 2016 and/or PIL No.121 and 122 of
2019 are adverse to the interest of the Petitioner herein or
the person claiming through the Petitioner.
7 We have passed the order in view of the fact that the
coordinate Bench has already taken the similar view and
decide the matter.
8 Writ Petition is disposed of. No costs."
2. There is a similar order of 2nd January 2023 at page 70 which
reads thus:
"Rule. Shri.Hegde, waives service for Respondent Nos.1
and 2-CIDCO. Ms.K.N. Solunke, AGP for State-
Respondent No.3. Rule is made returnable forthwith.
2 By this Petition filed under Article 226 of the
Constitution of India, the Petitioner seeks a writ of
Mandamus directing the Respondent Nos. 1 and 2 to grant
Occupancy Certificate for the building situate at Plot No.
97, admeasuring 1949.64 sq. meters at Section 18 Pt., Ulwe
Node Tal. Panvel, Dist. Raigad.
3 It is not in dispute that the application for
Occupancy Certificate is pending on the ground that Public
Interest Litigation relating to the subject matter is still
6th February 2023
17-ASWP-1383-2023+.DOC
pending before this Court.
4 We have 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 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
Petitioner for grant of Occupancy Certificate on its
own merits, 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 Petitioner 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 Petitioner or any
other persons claiming through petitioner shall not
be entitled to claim any equity in the event the order
or proceedings are adverse to the interest of the
Petitioner or a person claiming through the
Petitioner.
d) We have passed this order in view of the fact
6th February 2023
17-ASWP-1383-2023+.DOC
that our co-ordinate bench has also already taken
similar view and decided the matter more
particularly in Writ Petition (St.) No.251 of 2020.
e) Rule is made absolute in the aforesaid terms.
Writ Petition is disposed of. No order as to costs.
Parties to act on the authenticated copy of this
order."
3. In all four Petitions, we adopt the same course. We issue Rule.
Rule is made returnable forthwith. Rule is made absolute to the
following terms:
(a) CIDCO shall consider the application of the Petitioners
for an Occupancy Certificate on merits in respect of the
properties described in the respective Petitions within
sixty days from today.
(b) If the Occupancy Certificate is granted to the Petitioner
by CIDCO, this will be subject to the final outcome of
PIL No. 154 of 2016, PIL No. 121 of 2019 and PIL No.
122 of 2019.
(c) The grant of an Occupancy Certificate will not entitle
the Petitioners to claim any equities if the order in the
PILs is adverse to the interest of the Petitioners.
4. This order is passed since coordinate Benches of our Court
have taken an identical view.
5. The Writ Petitions are disposed of in these terms.
6th February 2023
17-ASWP-1383-2023+.DOC
6. There will be no order as to costs.
(Dr Neela Gokhale, J) (G. S. Patel, J)
6th February 2023
