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Bombay High CourtWP/7025/2022disposed off

Venkatesh Alias Vinod Mahadev Barate And ORS v. Pune Municipal Corporation And ORS

2022-06-15Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

by HEMANT CHANDERSEN SHIV Date: 2022.06.17 14:23:34 +0530 HEMANT CHANDERSEN SHIV 505.aw5190.16.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7025 OF 2022 Venkatesh @ Vinod Mahadev Barate & Ors.

... Petitioners

Versus

Pune Municipal Corporation & Ors.

... Respondents Mr. Sugandh Deshmukh for the Petitioners.

Mr. Abhijit Kulkarni for the Respondent Nos.1 to 4 - Corporation. CORAM : R. D. DHANUKA & MADHAV J. JAMDAR, JJ.

DATED : 15TH JUNE 2022 P.C. :

1.

Mr. Deshmukh, learned counsel for the Petitioners states that pursuant to the statement made by the Petitioner before this Court on 20th April 2022, the Petitioners have already filed an application for regularisation under section 44 of the Maharashtra Regional Town Planning Act, 1966 (for short "MRTP Act") before the Pune Municipal Corporation on 25th May 2022.

2.

Mr. Kulkarni, learned counsel for the Pune Municipal Corporation does not dispute that such application for regularisation has been made on 25th May 2022, and that the said application will be considered within the 1/2

505.aw5190.16.doc time prescribed under section 44 of the MRTP Act. Statement is accepted. 3.

The order that will be passed by the Pune Municipal Corporation on the said application shall be served upon the Petitioners within one week from the date of passing such order. The Pune Municipal Corporation shall not take coercive steps against the impugned structures of the Petitioners till the application for regularisation is decided and for a period of three weeks from the date of communication of the said order. It is made clear that during this period the Petitioners shall not carry out any further construction without obtaining prior sanction of the Corporation. It is made clear that this Court has not expressed any opinion on the application made by the Petitioner under section 44 of the MRTP Act. 3.

All contentions of both parties are kept open. 4.

The Writ Petition is disposed of. No order as to costs. MADHAV J. JAMDAR, J.

R. D. DHANUKA, J.

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