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Bombay High CourtCP/250/2021disposed off

Realm Service Pvt. Ltd., Thr. Director Mr. Ashwin Chottalal Damani v. Panvel Municipal Corporation, Thr. Municipal Commissioner, Mr. Ganesh Deshmukh

2021-09-21Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.250 OF 2021 REALM SERVICE PVT. LTD.

) THROUGHDIRECTOR MR.ASHWIN ) CHOTTALAL DAMANI )...PETITIONER V/s.

PANVEL MUNICIPAL CORPORATION & ORS.)...RESPONDENTS Dr.Uday Warunjikar, Advocate for the Petitioner. Mr.A.S.Rao, Advocate for the Respondent-PMC.

Ms.A.A.Purav, AGP for the Respondent-State.

CORAM : A. A. SAYED & S. G. DIGE, JJ DATED : 21ST SEPTEMBER, 2021 P.C.:

Learned Counsel for the Respondent-Corporation candidly states that the impugned Notice dated 15th September 2021 has not been implemented.

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We have perused our earlier Order dated 6th August 2021 in Writ Petition No.3830 of 2021 (Exhibit D, page 23 to the Petition). Learned Counsel for the Respondent-Corporation fairly states that the items set out at Serial Nos.6 to 9 in the letter dated 2nd September 2021 (Exhibit F - page 26 to the Petition) of the Respondent-Corporation, are required to be complied with by the Petitioner. Learned Counsel for the Petitioner, however, pointed out that item at Serial No.6 of the said letter dated 2nd September 2021 requires the Petitioner to produce maps from the District Inspector of Land Record (DILR), which itself would take a period of sixty days.

Having heard the learned Counsel for the parties, we pass the following order :

ORDER

i) The Petitioner is granted 90 days to make compliances of items at Serial Nos.6 to 9 of the letter dated 2nd September 2021 of the Respondent-Corporation.

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ii) The Respondent-Corporation shall '

after' a period of 90 days decide the show cause notice dated 28th July 2021, as recorded in paragraph 4 of the order dated 6th August 2021 of this Court in Writ Petition No.3830 of 2021 (Exhibit D, page 23 to the Petition) in accordance with law. iii)Rest of the order dated 6th August 2021 of this Court in Writ Petition No.3830 of 2021 (Exhibit D, page 23 to the Petition) shall continue to operate and shall stand modified accordingly.

iv)The Respondent-Corporation shall not act upon the notice dated 15th September 2021.

v) The Petition is disposed of in the aforesaid terms. (S. G. DIGE, J.) (A. A. SAYED, J.) AVK 3/3 ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2021.09.23 10:59:33 +0530