Sou. Jyoti Arun Jalake v. The Commissioner, Pune Municipal Corporation And ORS

45 wp 3812-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 3812 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vilas Tapkir for the Petitioner.

Mr. Rhishikesh Pethe for the Respondent Nos. 1 to 4. CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 14th JUNE, 2017 P.C.:

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We have perused a letter dated 28th November 2013 ('Exh. L' to the petition). Application made by the Petitioner for grant of a development permission has been rejected by the said communication. Therefore, a remedy of an Appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 was available to the Petitioner.

On this ground, we decline to entertain this petition under Article 226 of the Constitution of India.

Accordingly, the petition is rejected on the ground that Petitioner has an efficacious remedy available.

Sneha Chavan 1/2

45 wp 3812-15=.doc If an Appeal is preferred by the Petitioner within a period of one month from today, the concerned Appellate Authority is bound to note that the present petition was filed on 17th July, 2015 and that the same is remained pending in this Court till today.

All contentions on merits are kept open.

(SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2