R S Builders And Developers Mumbai And ANR v. The City And Industrial Development Corporation Of Maharashtra Ltd. And ORS

98.WPNo.113372022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11337 OF 2022 R. S. Builders & Developers & Anr....

Petitioners

Versus

The City And Industrial Development Corporation Of Maharashtra Ltd. & Ors.

...

Respondents Mr. R. D. Soni i/b. Ram & Co., Advocate for the Petitioners. Mr. Ashutosh Kulkarni, Advocate for Respondents.

CORAM:

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

DATED :

OCTOBER 19, 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 certifcate in respect of construction on Plot No.4, Sector No.34B at Kharghar (Owe), Navi Mumbai on its own merit. The said decision shall be taken preferably within two months from today.

Gaikwad RD 1/2

98.WPNo.113372022.doc 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.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.10.20 20:06:42 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2