M/S. Intergrated Spaces Limited Thr. Director v. The City And Industrial Development And ORS

32-WP.1862.2023 jvs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1862 OF 2023 M/s. Integrated Spaces Limited } Petitioner

Versus

The City & Industrial Development } Corporation of Maharashtra Ltd. & Ors. } Respondents Ms. Rama Subramanian for the petitioner.

Mr. Akshay R. Kulkarni i/b. Mr. Ashutosh M.Kulkarni for respondents 1 to 3.

Mr. Pramod D. & Charmi Bau, authorized representatives of the petitioner present.

CORAM:

S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.

DATE:

MARCH 31, 2023 P.C.:

1.

The petitioner seeks occupancy certificate.

2.

We have heard learned advocate for the petitioner and the learned advocate for the respondents.

3.

Reference is made to the order dated 20th January 2019 in Writ Petition (St) no. 251 of 2020 passed by a coordinate Bench of this Court in similar matter.

4.

In light of that, we adopt the same course and pass the similar order.

5.

Respondents 1 to 3 shall consider the application of the petitioners for grant of occupancy certificate in respect of construction on Plot No. 81, Sector-21, Village Ulwe, Ulwe, Navi Mumbai on its own merit. The said decision shall be taken expeditiously, preferably within two months from today.

32-WP.1862.2023 6.

In case any occupancy certificate is granted in favour of the petitioner by CIDCO, then, the same shall be subject to final outcome of Public Interest Litigation No. 154 of 2016 and Public Interest Litigation Nos. 121 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 the above public interest litigations 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 decided the matter.

8.

The writ petition is disposed of.

9.

No costs.

SALUNKE J V by SALUNKE J V Date: 2023.04.01 16:33:52 +0530 (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)