Mrs. Tarabai Kanha Mhatre v. The City And Industrial Development Corporation And ORS.

ash wp-5454.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5454 OF 2015 Mrs. Tarabai Kanha Mhatre.

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Petitioner Vs The City & Industrial Development Corporation and Others.

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Respondents - Shri R.D. Soni along with Shri S.N. Gawade i/by Shree and Co for the Petitioner.

Shri akshay Shinde i/by Shri A.M.Kulkarni for the Respondent Nos.1 to 3.

-- CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 18TH JUNE 2015 P.C.

1.

Not on board. Taken on board.

2.

The learned counsel appearing for the Petitioner states that the Petitioner has filed an application for regularization with the second Respondent on 16th June 2015. He has produced for perusal of the Court an office copy of the application bearing acknowledgement. 3.

As the Petitioner has made an application for regularization, the Petitioner has accepted that the structure is constructed illegally without obtaining permission of the Competent Authority. Hence, we dispose of the Petition by passing the following order:

ash wp-5454.15 ORDER :

(a) We direct that the first to third Respondents to decide the Application dated 12th June 2015 within a period of two months from today;

(b) The order passed on the said application be communicated to the Petitioner;

(c) Till the communication of the order to the Petitioner, the status quo as of today in respect of the structure subject matter of the impugned notice shall be maintained by both the parties;

(d) In the event, the order be adverse to the Petitioner, the order of status quo shall continue to operate for a period of one month from the date on which the order is served upon the Petitioner;

(e) All contentions on merits of the application for regularization are kept open;

(f) The Petition is disposed of on above terms.

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