Jeevan Bhausaheb Shingate And ORS v. Managing Director, City And Industrial Development Corp. Ltd. (Cidco) And ORS

Digitally signed by UDAY PRABHAKAR KAMBLI Date:

2022.02.21 15:03:45 +0530 UDAY PRABHAKAR KAMBLI 1/2 902-wp-1644-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1644 OF 2022 ...

JEEVAN BHAUSAHEB SHINGATE AND ORS.

...PETITIONERS Vs MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORP. LTD.

(CIDCO) AND ORS.

...RESPONDENTS ...

Mr.Rahul Thakur a/w Adv.Sanket Thakur i/b Adv.Nikita Patil for the Petitioners.

Mr.Nitin V. Gangal a/w Ashok D.Kadam and Adv.Prerna Shukla for Respondent Nos.1 to 3-CIDCO.

Mr.A.A.Alaspurkar, AGP for the State.

...

CORAM : A.A. SAYED & PRITHVIRAJ K. CHAVAN, JJ.

DATED : 18 FEBRUARY 2022 P.C.:

Though belatedly, the Petitioners have filed Regularization Application in respect of the construction of four buildings, after notice has been issued to them by the Respondent-Corporation under section 54(1) of the MRTP Act. Inasmuch as, the Regularization Application is now pending in respect of four buildings, we pass the following order: Uday.P.Kambli 1/2

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O R D E R

(i) The Regularization Application of the Petitioners in respect of the four buildings shall be decided expeditiously. (ii) Until the Regularization Application is decided and for a period of two weeks from the date of communication of the decision thereon to the Petitioners, no coercive steps shall be taken by the Respondent-Corporation on the basis of impugned notice under section 54(1) of the MRTP Act.

(iii) Learned Counsel for the Respondent-Corporation has pointed out that the flats of one of the four buildings are unoccupied. If that be so, we direct that no third party rights shall be created or no third party shall be inducted in the flats of the said building and status-quo as of today shall be maintained in respect of the said building, unless the decision in the Regularization Application is favourable to the Petitioners.

2.

The Petition to stand disposed of in the aforesaid terms. (PRITHVIRAJ K. CHAVAN,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2