Happy Valley Homesh Chs Federation Ltd v. The Municipal Corporation For The City Of Thane And ORS

908-wp10035-22.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL VASANT ANANDRAO IDHOL Date: 2022.09.23 18:09:53 +0530 WRIT PETITION NO.10035 OF 2022 Happy Homes CHS Federation Ltd.

...Petitioner

V/s.

The Municipal Corporation for the City of Thane & Ors.

...Respondents

Mr.Rohit D. Joshi for the Petitioner.

Mr.Narayan Bubna with Ms.Pooja Singh for TMC - Respondent Nos.1 and 2.

Mr.A.A. Alaspurkar, AGP for the State - Respondent No.3. CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATE : 23RD SEPTEMBER, 2022.

P.C. :- 1.

Mr.Joshi, learned counsel for the petitioner tenders a copy of the letter dated 1st September, 2022 issued by the Thane Municipal Corporation addressed to the petitioner stating that the petitioner has been granted permission to carry out construction of Pump House on the land conveyed to the petitioner. A copy of the letter dated 1st September, 2022 is taken on record.

2.

Mr.Bubna, learned counsel for the Municipal Corporation tenders a letter dated 13th September, 2022 addressed by the Thane 1/2

908-wp10035-22.doc Municipal Corporation to the learned counsel stating that the Municipal Corporation does not propose to take any action against the office bearers of the petitioner society pursuant to the directions annexed at pages 83 and 86 of the petition. A copy of the letter dated 13th September, 2022 is taken on record.

3.

Mr.Bubna, learned counsel for the Municipal Corporation further states that in view of the said letter dated 13th September, 2022, the directions annexed at pages 83 and 86 would not survive. Statement is accepted.

4.

In view of the said letter dated 13th September, 2022 and in view of the statement made by the learned counsel for the Municipal Corporation, in our view, nothing survives in the writ petition and the same is disposed off as infructuous.

5.

In our view, there is no question of the Municipal Corporation complying with any such directions annexed at pages 83 and 86 against the petitioner society.

(KAMAL KHATA, J.) (R.D. DHANUKA, J.) 2/2