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Bombay High CourtWP/5101/2015disposed off

Pramila Pramod Patil And ANR v. The City And Industrial Development Corporation And ORS

2015-06-22Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.5101 OF 2015 Pramila Pramod Patil & Ors.

...Petitioners

vs.

The City and Industrial Development Corporation & Ors.

...Respondents

Mr.S.N.Gawade i/b SHREEANDCO for the Petitioners Mr.Akshay Shinde for the respondent Nos.1 to 3. Ms M.P.Thakur, AGP for respondent No.5 CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : JUNE 22, 2015 P.C.:

Heard the learned counsel for the petitioners. The learned counsel for the respondent Nos.1 to 3 states that the application made by the first petitioner on 8th June 2015 (Exhibit-D to the petition) is still pending with the said respondents.

The challenge in this petition under Article 226 of the Constitution of India is to the notice dated 29th May 2014 issued by the respondent No.4 under section 54 of the Maharashtra Regional and Town Planning Act,1966. The fact that the first petitioner has applied for regularization shows that the petitioners have accepted that the structure subject matter of the said notice has been constructed without obtaining valid permission of

wp5101 the Competent Authority.

As the application dated 8th June 2015 is pending, we dispose of the petition by passing the following order:

(I) We direct the respondent Nos.1 to 3 to dispose of the application dated 8th June 2015 within a period of two months from today;

(II) The order passed on the application be communicated to the petitioners;

(III) Till the date of communication of the said order, the impugned notice dated 29th May 2014 shall not be acted upon;

(IV) If the order passed on the said application be adverse to the petitioners, the protection shall continue to operate for a period of four weeks from the date on which the order is communicated to the one of the petitioners;

(V) All contentions on merits of the pending application are kept open;

(VI) Writ Petition is disposed of on above terms.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)