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Bombay High CourtWP/14940/2022disposed off

V. S. Construction v. State Of Maharashtra Thr Secretary Urban Developomentr And ANR

2022-12-08Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

22-wp-14940-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14940 OF 2022 V. S. Construction ..

Petitioner.

v/s.

The State of Maharashtra & Others ..

Respondents.

Mr. Kalpesh Patil i/b. Mr. Vivek Rane, for the Petitioner. Mrs. M. P. Thakur, AGP for Respondent No.1-State. Ms. Sayli Patil i/b. Mr. Ashutosh Kulkarni, for Respondent-CIDCO. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.12.09 14:58:22 +0530 CORAM: S.V. GANGAPURWALA & S.G.CHAPALGAONKAR,JJ.

DATED : 8th 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 20th January, 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 and grant of occupancy certificate in respect of construction of Plot No.268, Sector No.17, Ulwe (12.5% scheme), Navi Mumbai on its own merit. The said decision shall be taken preferably within two months S.R.JOSHI

22-wp-14940-2022.doc 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 No121 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 decide the matter.

Writ Petition is disposed of. No costs.

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