Shri. Jaspal Deepchand Rohra v. Pimpri Chinchwad Municipal Corporation And ORS.
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION WRIT PETITION NO.4115 OF 2015 Jaspal Deepchand Rohra
...Petitioner
vs.
Pimpri Chinchwad Municipal Corporation & Ors.
...Respondents
ALONG WITH WRIT PETITION NO.4105 OF 2015 Jagdish Jethanand Vaswani
...Petitioner
vs.
Pimpri Chinchwad Municipal Corporation & Ors.
...Respondents
ALONG WITH WRIT PETITION NO.4116 OF 2015 Gurmukhdas Mangladas Nagdev
...Petitioner
vs.
Pimpri Chinchwad Municipal Corporation & Ors.
...Respondents
Mr.J.S.Chandnani for the petitioner in all petitions Mr.D.R.More for the respondent Nos.1 and 2 Mr.V.S.Gokhale, AGP for respondent No.3 CORAM : A.S.OKA, & C.V.BHADANG, JJ.
DATE : APRIL 23, 2015 P.C.:
.
Not on board. Taken on board.
The learned counsel for the petitioners states
that the petitioners are not pressing the petitions and they want to apply for regularization of the structures subject matter of the impugned orders. We have heard the learned counsel for the respondent Nos.1 and 2. The very fact the petitioners want to apply for regularization shows that the petitioners have accepted that the structures subject matter of the impugned orders are not legal.
We, therefore,deem it proper to grant a reasonable time to the petitioners to apply for regularization. Hence, we dispose of the petitions by passing the following order:
(I) Writ Petitions are disposed of as not pressed;
(II) It will be open for the petitioners to make applications for regularization to the Municipal Corporation in a prescribed format in accordance with Rules and Regulations within a period of six weeks from today;
(III) If such applications are made within the stipulated period, the same shall be disposed of by the Municipal Corporation within a period of three months from today from the date on which applications are made;
(IV) The orders passed on the applications shall be communicated to the petitioners or to their licensed Architect;
(V) Till the date of communication of the orders passed by the Municipal Corporation on the applications for regularization to the
petitioners or to their respective Architect, whichever is earlier, the action of demolition on the basis of the impugned orders shall not be taken;
(VI) If the orders passed on the applications for regularization be adverse to the petitioners, the action of demolition shall not be taken for a period of one month from the date on which orders are communicated to the petitioners or to their licensed Architect, whichever is earlier;
(VII) We make it clear that all contentions of the parties on merits of the applications for regularization are expressly kept open;
(VIII) We also make it clear that on the failure of the petitioners to apply for regularization within a period of six weeks from today, the protection granted under this order shall cease to apply;
(IX) All concerned to act upon an authenticated copy of this order.
(C.V.BHADANG,J.) (A.S.OKA,J.)