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Bombay High CourtWP/6013/2016dismissed

Mrs. Sujata Chandrasen Patil v. Cidco Ltd And ANR.

2016-06-09Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

905 wp 6013-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6013 OF 2016 Mrs. Sujata Chandrasen Patil ..Petitioner v/s.

CIDCO Limited & Anr.

..Respondents Mr. S.V.Shinde i/b. V.R.Shinde for the Petitioner. Mr. A.M. Kulkarni for the Respondent CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JUNE 09, 2016.

P.C.

1.

Heard. By this petition, the petitioner is challenging the notice dated 4.1.2016 issued by the respondent no.1 CIDCO. The said notice is issued under Section 54(1) of the MTRP Act. Mr. Kulkarni, the learned Counsel for the respondent no.1, having taken instructions makes a statement that the petitioner has constructed ground + 4 floors storyed construction without obtaining any prior permission. This statement is not denied by the learned Counsel for pps

905 wp 6013-16.doc the petitioner. The learned Counsel for the petitioner however submits that a regularization application is made to the concerned authority.

2.

Mr.Kulkarni the learned counsel for the respondent submits that the construction is made in the year 2016. The learned Counsel for the petitioner however states that the construction was commenced in the year 2013. In any case, any constructions carried out illegally subsequent to the year 2007 cannot be regularized in view of the policy decision of the CIDCO.

3.

In above circumstances, we are not inclined to interfere with the writ petition. The same is accordingly dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps