Shri. Dharmaraj D. Thakur v. The City And Industrial Development Corporation And ORS
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION WRIT PETITION NO.628 OF 2012 Sofan Fakir Thakur
...Petitioner
vs.
The City and Industrial Development Corporation of Maharashtra Ltd. And others
...Respondents
ALONG WITH WRIT PETITION NO.630 OF 2012 Dharmaraj D. Thakur
...Petitioner
vs.
The City and Industrial Development Corporation of Maharashtra Ltd. And others
...Respondents
Mr.Sanjay Gawade for the petitioner in both petitions Mr.A.M.Kulkarni for the respondent Nos.1 and 2 in both petitions Ms M.P.Thakur, AGP for respondent No.4 in both petitions CORAM : A.S.OKA, & A.K.MENON, JJ.
DATE : JANUARY 30, 2015 P.C.:
The learned counsel for the City and Industrial Development Corporation of Maharashtra Limited (for short `CIDCO') states that applications made by the petitioners in these petitions for regularization are pending.
The very fact that the petitioners in these
petitions have applied for regularization shows that the petitioners have accepted that the constructions subject matter of the impugned notices have been carried out without obtaining the permission of the Competent Authority.
As the applications are pending, we dispose of the petitions by passing the following order: (I) We direct the appropriate Officer of the CIDCO to decide the pending applications for regularization made by the petitioners as expeditiously as possible and in any event within a period of two months from today;
(II) The orders passed on the applications for regularization be communicated to the petitioners;
(III) Till the date of communication of the said orders to the petitioners, ad-interim relief granted by this Court on 23rd January 2012 shall continue to operate subject to condition that even the petitioners shall maintain status quo in all respects in respect of the constructions subject matter of the impugned notices;
(IV) If the orders passed on the applications for regularization be adverse to the petitioners, the ad-interim relief shall continue to operate for a period of four weeks from the date of communication of the said orders to the petitioners;
(V) All contentions on merits of the controversy are kept open;
(VI) The petitions are disposed of;
(VII) All concerned to act upon an authenticated copy of this order.
(A.K.MENON,J.) (A.S.OKA,J.)