Bombay High CourtWP/14585/2022disposed off

M/S Aadar Developers v. The City And Industrial Development Corporation Of Maharashtra Ltd And ORS

2022-12-02Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

11-wp-14585-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14585 OF 2022 M/s. Aadar Developers ..

Petitioner.

v/s.

The City and Industrial Development Corporation of Maharashtra Ltd., & Others ..

Respondents.

Mr. Nayan P. Talwar i/b. Mr. Onkar Gupte, for the Petitioner. Ms. Sayali Patil i/b. Mr. Ashutosh Kulkarni, for the Respondent-CIDCO. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.12.05 10:30:23 +0530 CORAM: S.V. GANGAPURWALA & S.G.CHAPALGAONKAR,JJ.

DATED : 2nd DECEMBER, 2022.

P.C:- SMITA RAJNIKANT JOSHI The Petitioner seeks occupancy certificate.

We have heard learned Counsel for the Petitioner and Respondents.

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.

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

The Respondent Nos.1 and 2 shall consider the application of the Petitioner for grant of occupancy certificate in respect of construction of Plot No.B65 and B66, Sector 16, Ulve, Navi Mumbai on its own merit. S.R.JOSHI

11-wp-14585-2022.doc The said decision shall be taken preferably within two months from today. In case the Occupancy Certificate is granted in favour of the Petitioner by CIDCO, then the same shall be subject to final outcome of PIL No.154 of 2016 and PIL No.121 and 122 of 2019. It is further made clear that the Petitioner herein or any other person claiming through the Petitioner 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 Petitioner herein or the person claiming through the Petitioner.

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

The Writ Petition is disposed of. No costs.

(S.G.CHAPALGAONKAR,J.) (S.V.GANGAPURWALA,J.) S.R.JOSHI