Vinod Parshuram Bhagat And ORS v. Thane Municipal Corporation And ORS
SUMEDH NAMDEO SONAWANE Date: 2022.10.13 17:41:00 +0530 SUMEDH NAMDEO SONAWANE 1/3 04 WP-10882.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10882 OF 2022 Vinod Parshuram Bhagat & Ors.
] ... Petitioners Vs.
Thane Municipal Corporation & Ors.
] ... Respondents ...
Mr. M. L. Patil, for the petitioners.
Mr. M. V. Limaye, for respondent Nos.1 and 2. Mr. R. P. Kadam, AGP for respondent No.5 ...
CORAM
: R.D. DHANUKA & KAMAL KHATA, JJ.
DATED : 11TH OCTOBER, 2022.
P.C.:- 1.
Leave to amend is granted to replace the word 'Exhibit H' appearing in prayer clause b(ii) with the word 'Exhibit I (Collectively)'. Amendment shall be carried out forthwith. Reverification is dispensed with. Amended copy shall be supplied to the respondents' advocate simultaneously.
2.
Mr. Patil, learned counsel for the petitioners on instructions
2/3 04 WP-10882.22.doc states that the application made by the petitioners shall be considered by respondent Nos.1 to 4 in accordance with law and in the light of the order passed in similar cases and produced at 'Exhibit I (Collectively)' to the petition.
3.
Respondent Nos.1 to 4 are directed to consider the said application filed by the petitioners in the light of, and similarly and consistent with the building permission granted in the similar cases produced at Exhibit I Collectively to the petition, if the case of the petitioners is similar to those cases. If there are any requisitions from respondent Nos.2 to 4, the same would be complied with by the petitioners while considering the said application. Respondent Nos.1 to 4 shall communicate such requisitions to the petitioners within two weeks from today. Upon such communication, the petitioners would comply with the requisitions within two weeks thereafter. 4.
Upon compliance of such requisitions by the petitioners, respondent No.1 to 4 shall consider the said application in accordance with law and in the light of, and similarly and consistent with the building permission granted in the similar cases produced at 'Exhibit I Collectively' to the petition if the same are applicable to the petitioners within four weeks from the date of compliance with such requisitions and shall communicate the order that will be passed, to the petitioner within one week from the date of passing such order.
3/3 04 WP-10882.22.doc 5.
If the application filed by the petitioners is allowed, all consequential benefits permissible in law, shall be allowed in favour of the petitioners within eight weeks thereafter. If the order is adverse to the petitioners, the petitioners are at liberty to file proceedings permissible in law.
6.
It is made clear that this Court has not expressed any view on the merits of the application filed by the petitioners. All contentions of both the parties are kept open. 7.
Writ petition is disposed off in the aforesaid terms. 8.
No order as to costs.
9.
Parties to act on the authenticated copy of this order. [KAMAL KHATA, J.] [R. D. DHANUKA, J.]