← Library
Bombay High CourtWP/3383/2023disposed off

Vasant Kalu Gharat And ORS v. Asst. Controller Of Unauthorised Constructions , City And Industrial Dev.Corp. Ltd. (Cidco) And ORS

2023-04-13Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice R. N. Laddha2 pages

by VIDYA SURESH AMIN Date:

2023.04.15 12:21:32 +0530 VIDYA SURESH AMIN 4.WP3383_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3383 OF 2023 Vasant Kalu Gharat & Ors.

... Petitioners

Versus

Asstt. Controller of Unauthorized Constructions, City and Industrial Development Corporation Ltd. & Ors.

...Respondents

Mr. Rahul Thakur a/w. Sanket Thakur for the petitioners. Mr. Nitin Gangal for respondent nos. 1 to 3 (CIDCO). Mrs. M.P. Thakur, AGP for respondent nos. 6 to 9. Mr. Pradeep Thorat i/b. Mr. Nishant Vyas a/w. Mr. Parth Choudhary for respondent no. 10.

_______________________

CORAM:

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

DATED:

13 April, 2023 _______________________ P.C.

1.

Heard learned counsel for the parties.

2.

We are informed that Appeal under section 47 of the Maharashtra Regional and Town Planning Act, 1966 is pending hearing before the State Government, as also seen from prayer clause (c). Petitioner nos. 1 and 2 are also appellants in the Appeal.

3.

Considering the facts and circumstances of the case, we are of the opinion that the appeal itself be decided as expeditiously as possible by the 13 April, 2023

4.WP3383_2023.DOC Appellate Authority and in any event within a period of three months from today. All contentions of the parties on the pending appeal are expressly kept open.

4.

In the event, any order adverse to the petitioners is passed, the same shall not be given effect to for a period of four weeks from the date of communication of said order.

5.

The petition is disposed of. No costs.

6.

As we have disposed of the petition by the above order, we clarify that we have not examined the merits of the rival contentions. If the petitioners have any other grievance in regard to violation of any orders passed by this Court, they are free to take appropriate steps. (R.N. LADDHA, J.) (G. S. KULKARNI, J.) 13 April, 2023