← Library
Bombay High CourtWP/5601/2023rule made absolute

Abdul Hamid Ismail Memon v. The Ambernath Municipal Council Thr Its Chief Officer And ANR

2023-04-27Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Ms. Justice Gauri Godse2 pages

Digitally signed by VARSHA VIJAY RAJGURU Date:

2023.04.29 13:03:01 +0530 VARSHA VIJAY RAJGURU 1-wp-5601-2023.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5601 OF 2023 Abdul Hamid Ismail Memon ... Petitioner vs.

The Ambernath Municipal Council Thr its Chief Officer and Anr ... Respondents Mr. Hemant Ghadigaonkar, for the Petitioner.

Mr. B.D. Joshi, for Respondent No.1.

Mr R.S. Pawar, AGP for Respondent No.2-State. CORAM : R. D. DHANUKA AND GAURI GODSE, JJ.

DATED : 27th APRIL, 2023 P.C. :- 1.

Rule. Learned counsel appearing in the matter waives service for the Respondent. Rule is made returnable forthwith. By consent of parties, Petition is taken up for final hearing. Though the Petition is filed seeking various directions for building permission to the Petitioner, a short grievance made by the learned counsel for the Petitioner is that the representation dated 20th May 2021 made by the Petitioner in respect of granting permission for development of the Petitioner's land as per new Regulations is still pending.

2.

Learned counsel appearing for the Respondent No.1, on instruction states that representation made by the Petitioner on 20th May Page no.1 of 2

1-wp-5601-2023.doc 2021 shall be decided by the Respondent No.1 within a period of eight weeks from today. In view of the statement made by Respondent No.1, this Petition can be disposed of by passing following order: i) Respondent No.1 shall decide representation made by the Petitioner on 20th May 2021, within a period of eight weeks from today. ii) It is made clear that we have not expressed any opinion on the merits of the representation made by the Petitioner and the same shall be decided on its own merits. The decision shall be communicated to the Petitioner within a period of one week from the date of decision. iii) Petitioner will be at liberty to produce supporting document with respect to the representation made by him within a period of two weeks from today.

iv) All contentions of the parties are expressly kept open. v) Writ Petition accordingly disposed of .

vi) Rule is made absolute in the above terms.

vii) Parties to act on the authenticated copy of this order. (GAURI GODSE, J.) (R. D. DHANUKA, J.) Page no.2 of 2