Shree Sai Reality Thru Partner S D Agarwal And ORS v. Pimpri Chinchwad Municipal Corp. Thru The Municipal Commissioner, Pune
21.wpl.26837.2019.doc dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (L) NO. 26837 OF 2019 Shree Sai Reality & Ors.
...Petitioners
vs Pimpri Chinchwad Mun. Corporation
...Respondent.
.....
Mr. P.K.Dhakephalkar Sr. Advocate a/w Mr A.P.Kulkarni for the Petitioners Mr. Ram Apte, Sr. Advocate a/w Mr Rohit Sakhadeo & Mr. Pushkar Nagpurkar for Respondent No.1.
.....
CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.
DATE 25 NOVEMBER, 2019.
P.C. :
The above Writ Petition seeks following reliefs; "a) By issuing appropriate Writ, order and/or direction, this Hon'ble Court be pleased to direct the Respondent, Pimpri Chinchwad Municipal Corporation to immediately decide and grant the pending applications made by Petitioners for loading of TDR dated 03/08/2018 as well as considered and grant all the pending applications for revision of the layout on the subject land bearing survey No. 11/3/1 at village Kiwale, Tal. Haveli, Dist. Pune in accordance with the development control regulation of PCMC in compliance with the ratio laid down by this Hon'ble Court in the judgment and order dated 15/07/2019 passed in Writ Petition No. 7485 of 2019;
(b) This Hon'ble Court be pleased to hold and direct respondent not to obstruct the Petitioners from carrying out the development at the subject layout to its fullest extent in accordance with the Development Control Regulations; (c) Pending this Writ Petition the Hon'ble Court may kindly be pleased to direct the Respondent to consider and decide pending Applications made by Petitioners for the loading of TDR dated 03/08/2018 and 22/10/2018 and all the pending Applications for the revision of subject layout in view of order dated 15/07/2019 passed by this Hon'ble Court in Writ Petition No. 7485 of 2019; (d) Any other and further Orders as this Hon'ble Court may deem fit and proper in Pg 1 of 2
21.wpl.26837.2019.doc the facts and circumstance of the case."
The learned Advocate for the Respondent / Corporation states that prayer clause (a) will be complied with by the Municipal Corporation within a period of four weeks from today. However, it is clarified that the Municipal Corporation shall decide the Application/s on its own merits and this order shall not be treated as a direction to the Municipal Corporation to allow the Application/s. The Writ Petition is disposed of accordingly.
(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 2 of 2