M/S. Mayfair Builders And Developers Through Its Director v. State Of Maharashtra Through Its Principal Secretary And ORS.

1 p-529-wp-6104-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6104 OF 2017 M/s. Mayfair Builders & Developers ..Petitioner Vs State of Maharashtra and ors.

..Respondents Mr. Chirag Balsara a/w. Mr. Abhijit Patil for the Petitioner. Ms A.Vhatkar, AGP for Respondents-State.

Mr. J.G. Reddy for Respondent No.5.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JUNE 30, 2017.

P.C. :

.

Not on board. In view of urgency, taken on production board.

2] By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the orders dated 1st October 2016 and 4th February 2017 passed by the High Power Committee, thereby refusing to grant ad-interim relief to the petitioner. The petitioner has also challenged the Circular No.41 dated 20th December 2010 issued by CEO/SRA Pune & Pimpri Chinchwad Area, Pune on the ground that the same is unconstitutional and contrary to the Government Notification dated 11th December 2008 and 11th September 2014.

3] During the course of hearing, learned counsel for the petitioner made a statement that so far as challenge to the Circular Dinesh Sherla 1/2

2 p-529-wp-6104-17.sxw dated 20th December 2010 is concerned, he may be given liberty to challenge the same at the subsequent stage, if required and the petition may be disposed of by directing the High Power Committee to decide the petitioner's main Application No. 176 of 2016 as expeditiously as possible.

4] In the circumstances, without going into merits of the order by which the petitioner's application for interim relief has been rejected, we direct the High Power Committee to decide the petitioner's application finally as expeditiously as possible, but not later than three months from the date of receipt of copy of this order. The petitioner is at liberty to challenge the Circular dated 20th December 2010, if so required.

5] The petition stands disposed of .

(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2