Purander Vasudev Shingre And ANR. v. The Pune Municipal Corporation And ORS.

suresh 45-WP-6898.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6898 OF 2015 Purander Vasudev Shingre & Anr.

.... Petitioners Vs.

The Pune Municipal Corporation & Ors.

.... Respondents Mr. R.D. Soni i/b M/s. Ram & Co. for the Petitioners. Mr. R.M. Pethe for Respondent Nos.1 and 2.

Ms M.P. Thakur, AGP, for Respondent No.3.

CORAM: A.S. OKA & REVATI MOHITE DERE, JJ.

DATED: JULY 27, 2015 P.C:

1.

Heard the learned counsel appearing for the petitioners. In terms of the order dated 23-3-2015, passed in Writ Petition No.1867 of 2014, the petitioners were under an obligation to apply for grant of development permission. Instead of applying for the development permission, it appears that the petitioners applied for grant of repair permission. Therefore, the Municipal Corporation has rightly rejected the said application. 2.

Looking to the order dated 23-3-2015, we find no

suresh 45-WP-6898.2015 error in the approach of the Municipal Corporation. The learned counsel appearing for the petitioners states that the petitioners will apply for modification of the order dated 23-3-2015 and, therefore, the limited protection granted earlier be continued for a reasonable time. Hence, we pass the following order:

ORDER

(i) The writ petition is rejected.

(ii) This order will not preclude the petitioners from seeking modification of the order dated 23-3-2015, passed in Writ Petition No.1867 of 2014.

(iii) To enable the petitioners to do so, the ad-interim relief granted on 16-7-2015 will continue to operate for a period of four weeks from today.

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