Shraddha Associates Through Its Partner v. The Municipal Corporation City Of Pimpri-Chinchwad Through Its Commissioner And ORS.

903 wp 10351.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10351 of 2018 Shraddha Associates ......Petitioner versus The Municipal Corporation of City of Pimpri Chinchwad and ors.

.....Respondents Mr. Y. S. Jahagirdar, senior advocate with Mr. Suresh M. Sabrad, advocate for the petitioner.

Mr. Deepak R. More, advocate for the respondent Nos.1 and 2. Mr. Tejas D. Deshmukh, advocate for the respondent No.3. CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 13th FEBRUARY, 2019.

P. C. :

By way of reply, one Mr. Thakur, working in the Town Planning Department of the respondent No.1-Corporation has filed an affidavit dated 29th January, 2019. In paragraphs 5 and 6 therein, following statement are made :

"5.

.....I say that on the basis of the opinion given by the Legal Advisor of the Corporation and the order passed by the Joint City Engineer, Building Permission Department and Removal of Unauthorized Structures of respondent no.1, no steps will be taken with regard to the utilization of the Development Right Certificates in question till pending litigation in the form of Special Civil Suit No.1549 of 2012 and Regular Civil Suit No.83 of 2014 are decided finally.

Shubhada S Kadam 1/2

903 wp 10351.18.doc 6.

....No decision with regard to the utilization of the Development Right Certificates will be taken by the Corporation unless and until the same are duly decided finally."

The above statements made on behalf of the Corporation are accepted.

2.

Mr. Jahagirdar, learned senior counsel for the petitioner, submitted that the petition can be disposed of in view of the above statements. The writ petition is, accordingly, disposed of in terms of the above statements.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2