M/S. Om Properties And Developers Through Its Partner Mr. Shrichand Shamandas Aswani v. The Pimpri Chinchwad Municipal Corporation And Another
7-cp189-21.doc vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL VASANT ANANDRAO IDHOL Date: 2023.07.19 18:31:52 +0530 CONTEMPT PETITION NO.189 OF 2021 M/s.Om Properties & Developers
...Petitioner
V/s.
The Pimpri Chinchwad Municipal Corporation & Anr.
...Respondents
Mr.Vineet Naik, Senior Advocate with Ms.Minal Chandnani for the Petitioner.
Mr.Kedar Dighe with Ms.Archana Gaware for Respondent Nos.1 and 2.
CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ.
DATE : 18TH JULY, 2023.
P.C. :- 1.
Heard. As noted by this Court in the earlier order dated 12th January, 2023, the Corporation's only difficulty in executing sublease in favour of the Petitioner was the pendency of issue of grant of permission by the Collector for sub-letting the property in question. But now, as could be seen from the document tendered across the bar by learned Senior Advocate for the Petitioner, which is taken on record and marked "A" for identification, which is a letter issued to the Divisional Commissioner, Pune by the Revenue and Forest Department, that even this hurdle is now removed. That means now 1/2
7-cp189-21.doc the Corporation can certainly go ahead in executing the sub-lease of the property in favour of the Petitioner in compliance with the directions issued by this Court in its order dated 8th January, 2020 of course, the sub-lease which is to be executed, would be no more than maximum period of 30 years at a time, which would be extendable twice subject to maximum period of 90 years. We direct the Corporation to accordingly act in the matter keeping in view the permission granted by the Government in its letter dated 6th July, 2023, document "A" and execute the sub-lease within a period of four weeks from the date of the order, in terms thereof. 2.
The Contempt Petition is disposed of in above terms. (RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) 2/2