Shantanu Apartment Condominium And ORS v. The Commissioner, The Pune Municipal Corporation And ORS

Digitally signed by MUGDHA M PARANJAPE Date:

2022.11.30 09:59:46 +0530 MUGDHA M PARANJAPE 1 80-WP 9906-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9906 OF 2022 Shantanu Apartment Condominium & Ors.

... Petitioners Vs.

The Commissioner, The Pune Muncipal Corporation & Ors.

... Respondents ------- Mr. S. S. Panchpor a/w Mr. Mayur Jadhav and Mr. Ratan Adhe for the Petitioners.

Mr. Rajeep S. Khadapkar for Respondent No.1-Corporation. Ms. Dipti Karadkar i/by Mr. Ramiz Shaikh for Respondent Nos.2 to 4. -------

CORAM

:

S.V. GANGAPURWALA & ARIF S. DOCTOR, JJ.

DATED :

28TH NOVEMBER 2022 P.C. :

1.

Heard the learned Advocate for the Petitioners, the learned Advocate for the Respondent-Corporation and the learned Advocate for Respondent Nos.2 to 4.

2.

It is submitted that commencement certificate has been granted in favour of Respondent Nos.2 to 4. The same is illegal. In the Civil Suit filed by the Petitioners, though Exhibit 5 was rejected, the Petitioners filed an Appeal and the Appeal was allowed. Mugdha

2 80-WP 9906-22.doc 3.

Naturally, the Respondent-Corporation would not be in a position to decide the ownership rights amongst the parties. 4.

If the representation given by the Petitioners (Page 91 to the Petition) is pending with Respondent No.1-Corporation, then Respondent No.1-Corporation may decide the said representation after hearing the parties, considering the orders of the competent courts, if any, and the documents placed before it. The decision shall be taken upon the representation of the Petitioners preferably within three months from today. If the dispute with regard to the title exists, then certainly Respondent No.1 would not in a position to decide upon it. 5.

The Writ Petition is disposed of accordingly. No costs. (ARIF S. DOCTOR, J.) (S.V. GANGAPURWALA, J.) Mugdha