Ariane Orgachem Private Limited And Another v. The Municipal Corporation Of Greater Mumbai

1/2 42 AO 419-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.419 OF 2022 WITH INTERIM APPLICATION NO.2757 of 2022 IN APPEAL FROM ORDER NO. 419 OF 2022 Ariane Orgachem Pvt.Ltd and anr ..

Appellants

Versus

The Municipal Corporation of Gr.Mumbai ..

Respondent ...

Mr. Mayur Khandeparkar i/b Vidhi Partners for the appellant. Mr.Om Suryavanshi for respondent MCGM.

Mr.Sandeep Kolhe Assistant Engineer and Shri Suyas Balip, SubEngineer present in Court. CORAM: BHARATI DANGRE, J.

DATED : 27th APRIL, 2022 P.C:- In furtherance of the earlier order, the learned counsel for the Corporation, on instructions, make a statement that a proposal of the appellant for regularization in terms of clauses (a) and (b) of the DCPR, 2034, is under consideration. Upon approval of the said proposal, the Corporation will decide whether a permission needs to be granted for retention of the said Tilak

2/2 42 AO 419-22.doc structure u/s.44 of the Maharashtra Regional and Town Planning Act, 1966.

The statement as above, is recorded and noted. Till the decision is taken on the said proposal, the impugned notice u/s.155 of the MRTP Act shall not be given effect to.

Upon decision being taken on the proposal and further, u/s.44 of the MRTP Act, the appellant shall be communicated about the said decision and the authorities shall not take any action adverse to the interest of the appellant, in case if the proposal is decided against them for two weeks from the date of communication of the order.

Appeal from Order stands disposed off.

In view of the disposal of AO, Interim Application do not survive and is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak