Sai Krupa Developers Navi Mumbai And ANR v. The City And Industrial Development Corporation Of Maharashtra Ltd. And ORS

31.WPNo.113942022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

RAJU DATTATRAYA GAIKWAD CIVIL APPELLATE JURISDICTION RAJU DATTATRAYA GAIKWAD Date: 2022.10.28 11:03:31 +0530 WRIT PETITION NO. 11394 OF 2022 M/s. Sai Krupa Developers & Anr. ...

Petitioners

Versus

The City and Industrial Development Corporation of Maharashtra Limited & Ors.

...

Respondents Mr. R. D. Soni a/w. Adv. V. R. Kasle i/b. Ram & Co., Advocate for the Petitioners.

Mr. S. B. Kalel, AGP for the Respondents/State. Mr. G. S. Hegde a/w. Ms. P. M. Bhanusali a/w. Adv. Dharini Jain, Advocate for Respondent/IDCO.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

OCTOBER 21, 2022 P.C.

1.

The petitioners seek occupancy certifcate.

2.

We have heard learned Counsel for the petitioners and respondents.

3.

Reference is made to the order dated January 20, 2019 in Writ Petition (St.) No. 251 of 2020 passed by the coordinate Bench of this Court in similar matter. 4.

In light of that, we adopt the same course and pass the similar order.

5.

The respondent Nos.1 and 2 shall consider the application of the petitioners for grant of occupancy Gaikwad RD 1/2

31.WPNo.113942022.doc certifcate in respect of construction of Plot No.265, Sector No.17, Ulve, Navi Mumbai on its own merit. The said decision shall be taken preferably within two months from today. 6.

In case the Occupancy Certifcate is granted in favour of the petitioners by CIDCO, then the same shall be subject to fnal outcome of PIL No. 154 of 2016 and PIL No. 121 and 122 of 2019. It is further made clear that the petitioners herein or any other person claiming through the petitioners shall not be entitled to claim any equity in the event the orders in PIL No.154 of 2016 and/or PIL No. 121 and 122 of 2019 are adverse to the interest of the petitioners herein or the person claiming through the petitioners.

7.

We have passed the order in view of the fact that the coordinate Bench has already taken the similar view and decided the matter.

8.

The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Gaikwad RD 2/2