Shree Vaibhav Co-Op. Housing Society Ltd. Thane v. The Deputy Registrar, Co-Operative Societies And ORS.

4 wp 6848 of 2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6848 OF 2016 Shree Vaibhav Co-op. Hsg. Soc. Ltd.

...

Petitioner versus The Deputy Registrar, Co-op. Societies & Ors.

...

Respondents Mr. S.G.Deshmukh i/by Mr. Ramdas Shelke, for Petitioner. Ms. Neha Bhide, AGP, for Respondent No.1.

Mr. Mandar Limaye, for Respondent Nos.2 and 3. Mr. Sandesh Patil with Ms. Divya Pawar Patil i/by Ms. A.P.Amin, for Respondent Nos.4 and 5.

CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th DECEMBER, 2019 P.C.:

1.

The Petitioner is aggrieved by the conditions imposed in the commencement certificate. The Petitioner has an alternate efficacious remedy of filing an appeal to the State Government under Section 47 of the Maharashtra Regional and Town Planning Act. Hence, the Writ Petition is dismissed with liberty to the Petitioner to file an Appeal under Section 47 of the Act. If such an appeal is filed, the same shall be decided without raising the defence of limitation. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. ) SSP 1/1