Bombay High CourtWP/8468/2016disposed off

Mr. Bhagwan Ladkya Mhatre v. The City And Industrial Development Corporation And ORS

2018-09-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

1 / 2 21-WP-8468-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8468 OF 2016 Bhagwan Ladkya Mhatre .... Petitioner versus The City & Industrial Development & Ors.

... Respondents .......

• Mr.S.N. Gawade a/w Ms.Amita Dubey i/b. M/s Shree & Co., Advocate for Petitioner.

• Mr.Ashutosh M. Kulkarni, Advocate for Respondent Nos.1 to 3. • Mr.S.L. Babar, AGP, for State/Respondent No.4. CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE : 19th SEPTEMBER, 2018.

P.C. :

Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent Nos.1 and 2 and the learned AGP for the Respondent No.4. The learned counsel appearing for the First and Second Respondents states that the application for regularization made by the Petitioner on 14th July 2016, is pending, which will be decided within a period of six weeks. We accept the said statement. Hence, we dispose of the Petition by passing the following order : Nesarikar

2 / 2 21-WP-8468-16.odt i) The application for regularization made by the Petitioner shall be decided by the First and Second Respondents within a period of six weeks from today; ii) The order passed on the application be communicated to the Petitioner.

iii) Till the date of the communication of the order, no further steps shall be taken by the Petitioner on the basis of notice dated 01st July, 2016 (Exhibit B to the Petition) subject to the condition of the Petitioner on maintaining status quo as of today in respect of the structures, subject matter of the said notice; iv) If the order passed on the application for regularization be adverse to the Petitioner, the aforesaid protection shall continue for a period of one month from the date on which the order is communicated to the Petitioner.

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

vi) The Petition is disposed of on above terms; vii) All concerned to act upon an authenticated copy of this order.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.)