Sou. Karishma Thakurdas Balani And ORS v. Pune Municipal Corporation Through Commissioner And ORS

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8602 OF 2016 Sou. Karishma Thakurdas Balani & Ors.

...Petitioners

Versus

Pune Municipal Corporation & Ors.

...Respondents

---------- Mr. Balasaheb Deshmukh, i/by Mr. Pravartak Pathak, for the Petitioners.

Mr. Rhishikesh M. Pethe, for the Respondents No. 1 to 5. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 4 July 2018 ORDER :

1.

The learned Counsel appearing for the Petitioners as well as the learned Counsel appearing for the Municipal 1 / 3

Corporation tender on recorded a copy of the Application dated 20th June 2018 made by the Aashiyana Co-operative Housing Society Limited. The learned Counsel appearing for the Petitioners accepts that the said proposal is for regularization of the structures which are the subject matter of the notice dated 31st March 2015 issued under Sub-Section 1 of Section 260 of the Maharashtra Municipal Corporation Act, 1949. He states that in view of the said Application for regularization made during the pendency of the Petition, nothing survives in the Petition and the same may be disposed of. Accordingly, the Petition is disposed of.

2.

We direct the Municipal Corporation to decide the aforesaid Application for regularization as expeditiously as possible and in any event, within a period of 60 days from the date of filing of such Application.

3.

The learned Counsel appearing for the Municipal Corporation, at this stage, points out that the notice dated 31st 2 / 3

March 2015 has been challenged by the Petitioners by filing a Suit. The Municipal Corporation can always invite attention of the concerned Court to the fact of filing the Application for regularization.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 3 / 3