Velsons Developers Thr. Parnter Jitendra Patel And ORS v. Vasai Virar City Municipal Corporation Thr. Commissioner And ORS

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2023.03.24 16:59:34 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2825 OF 2022 Velsons Developers & Ors.

.Petitioners Vs.

Vasai Virar City Municipal Corporation through Commissioner & Ors.

.Respondents __________ Ms. Sneha Prabhu and Ms.Kinnari Mehta i/b. SSP Legal & Co., for the Petitioners.

Ms. Swati Sagvekar, for Respondent No.1.

Ms. M. P. Thakur, AGP for the State/Respondent Nos.2 & 3. Mr. Parag Vyas with Mr.Pranav Thackur with Ms.Karuna Yadav, for Respondent No.4/UOI.

Mr. S. B. Shetye with Akshay S. Pansare, for Respondent No.6/MPCB __________ CORAM :

G. S. KULKARNI & R. N. LADDHA, JJ.

DATE :

MARCH 24, 2023 P.C.:

1.

On the backdrop of the earlier order dated 21 March, 2023, we have heard learned counsel for the parties. Ms. Sagvekar, learned counsel for respondent no.1-Vasai Virar City Municipal Corporation (for short, "Corporation"), on instructions, makes a statement that without being influenced by the impugned order Exhibit Q (page 148A to 148D) dated 03 August, 2022 issued by the Deputy Director of Town Planning of the

Corporation, the Corporation shall further process the application of the petitioners seeking Occupancy Certificate in regard to the housing project of the petitioners in question situated at Village Dongare, Taluka-Vasai, District-Palghar.

2.

We accept the statement as made by Ms. Sagvekar on behalf of the Corporation. We appreciate the fair stand taken by the Corporation in this regard. Ms. Prabhu, learned counsel for the petitioners states that the Corporation in fact has undertaken inspection in regard to compliances on requirements in respect of sewage treatment plant, roads, storm water drainage and water supply, which according to the petitioners, stand complied. If that be so, it is for the Corporation to verify such compliances and proceed to consider the petitioners application for Occupancy Certificate and in the event all such compliances are in place, grant an Occupancy Certificate to the petitioners. Necessary steps in regard to processing of petitioners' application be taken and completed within a period of four weeks from today. In the event if there is any deficiency, the same be pointed out to the petitioners so that the immediate steps can be taken to rectify the same.

3.

In this view of the matter, we are not required to adjudicate this petition any further. We keep open all contentions of the petitioners and that of the respondents.

4.

Disposed of in the above terms. No costs.

[R. N. LADDHA, J.] [G. S. KULKARNI, J.]