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Bombay High CourtWP/2047/2016disposed off

Prakash G. Tandel v. The City And Industrial Development Corporation And ORS.

2016-12-09Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Naresh H. Patil4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4294 OF 2015 Mr. Subhan Mohammad Husain Patel .. Petitioner Vs.

1. The City & Industrial Development Corporation and ors.

.. Respondents WITH WRIT PETITION NO. 2032 OF 2016 Ahilyabai Savalaram Bhoir .. Petitioner Vs.

1. The City & Industrial Development Corporation and ors.

.. Respondents WITH WRIT PETITION NO. 2047 OF 2016 Prakash G. Tandel .. Petitioner Vs.

1. The City & Industrial Development Corporation and ors.

.. Respondents WITH WRIT PETITION NO. 2883 OF 2014 Tukaram Ramdas Thakur and anr.

.. Petitioners Vs.

1. The Municipal Corporation of the City of Navi Mumbai and ors.

.. Respondents WITH WRIT PETITION NO. 4295 OF 2015 Vishvas Shreeram Morbekar .. Petitioner Vs.

1. The City & Industrial Development Corporation and ors.

.. Respondents Mr. Shivshankar D. Patil for petitioners in Writ Petition Nos. 4294 and 4295 of 2015.

Mr. S. N. Gawde i/by Shree & Co. for petitioners in WP Nos.2032 , 2047 of 2016 and WP No. 2883 of 2014.

Mr. A. M. Kulkarni for CIDCO in all the matters. Mr. Abhijit Patil i/by A. S. Patil for respondent no.1 in WP No. 2883 of 2014.

Mrs. M. P. Thakur, AGP for State.

CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

DECEMBER 09, 2016.

P.C.

1.

Learned counsel for the petitioners and Corporation submits that the petitioners' applications for regularization are pending consideration by the Corporation. The applications were filed by the petitioners on different dates.

2.

Learned counsel appearing for the Corporation and the petitioners submit that by issuing appropriate directions, the petitions could be disposed of.

3.

We have perused the record, considered the submissions advanced. In the facts, we pass following order :- (a) We direct the Corporation to decide the regularization applications filed by the petitioners in accordance with law as expeditiously as possible and in any event within two months from today.

(b) The order passed on the said applications for regularization shall be communicated to the petitioners.

(c) Till the date of the communication of the order passed on the said regularization applications, the action of demolition shall not be taken on the basis of impugned notices issued by the Corporation.

(d) If the order of the Corporation is adverse to the petitioners, the same shall not take effect for a period of four weeks from the date of receipt of such order by the respective petitioners.

(e) In case the petitioners fail to protect their interest within above stipulated four weeks' by approaching appropriate competent forum, then the Corporation is directed to take necessary action for demolishing the subject structures. (f) The petitioners shall not create any third party interest and make internal alteration in respect of the suit structures.

4.

With aforesaid directions, petitions are disposed of. 5.

List the petitions for compliance of directions after six weeks. (M. S. KARNIK, J.) (NARESH H. PATIL,J.)