M/S. Bhosale Housing Corporation v. The Addl. Town Planning Officer, The City And Industrial Development Corp. Of Mah. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14641 OF 2022 M/s. Bhosale Housing Corporation .Petitioner Vs.

The Additional Town Planning Officer, The City and Industrial Development Corporation of Maharashtra Limited (CIDCO Ltd) & Ors.

.Respondents ----------- Mr. Sandeep Mishra i/b. Mr. Shravan G. Naik for the Petitioner. Ms. P. M. Bhansali i/b. Mr. G. S. Hegde for Respondent Nos. 1 to 3.-CIDCO Ltd.

Ms. R. M. Shinde, AGP - Respondent No.4-State. -----------

CORAM

:

A. S. CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE :

08 FEBRUARY 2023 P. C.

.

The petitioner seeks occupancy certificate.

2.

We have heard learned Counsel for the petitioner and respondents.

3.

Reference is made to the order dated January 20, GANESH SUBHASH LOKHANDE GANESH SUBHASH LOKHANDE Date: 2023.02.08 19:08:24 +0530 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 petitioner for grant of occupancy certificate in respect of construction of Plot No.155, Sector No.19, admeasuring 449.94 sq. meters at Ulwe, Tal. Panvel, Dist. Raigad on its own merit. The said decision shall be taken preferably within two months from today.

6.

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.

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 ( M. W. CHANDWANI, J. ) ( A. S. CHANDURKAR, J. )