Opus Spaces Pvt. Ltd. Through Its Owner v. The Municipal Commissioner, Pune Municipal Corporation And ORS

wp-11137.14.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11137 OF 2014 Opus Spaces Pvt. Ltd.

... Petitioner Vs.

The Municipal Commissioner, Pune and Ors.

... Respondents Mr. Prashant Mohan Patil for the Petitioner.

Mr. Swapnil R. Patil for the Respondent No.1. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

9th JULY 2018 P.C.

It is not in dispute that during pendency of this petition, a representation has been made by the petitioner to the first respondent. The learned counsel appearing for the first respondent states that the first respondent will decide the same within a period of four weeks from today.

The learned counsel appearing for the petitioner submits that the issue is covered by the Judgment and Order dated 6th June 2017 passed by a Division Bench of this Court in Writ Petition No.11329 of 2014 (M/s. S.P. Developers Vs. Municipal Corporation for the City of

wp-11137.14.odt Pimpri-Chinchwad and Ors.). The Municipal Commissioner or any other officer authorised by him who is required to decide the representation will have to also take into consideration the contention raised by the petitioner that the case of the petitioner will be governed by the Judgment and Order dated 6th June 2017. Subject to what is observed above, we pass the following order :-

ORDER

(i) We direct the first respondent or officer nominated by him to decide the representation as expeditiously as possible and in any event within a period of one month from today;

(ii) Order passed on the representation be communicated to the petitioner within a period of 6 weeks from today;

(iii) All contentions on merits are kept open;

Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.07.17 17:50:22 +0530 (iv) The petition is disposed of on above terms.

Pallavi Mahendra Wargaonkar (RIYAZ I. CHAGLA, J) (A.S. OKA, J)