M/S M. M. Construction v. Vasai Virar City Municipal Corporation Thr Its Commissioner And ORS

Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14776 OF 2023 Mahavir Realtors

...Petitioner

Versus

Vasai Virar City Municipal Corporation & Ors

...Respondents

WITH WRIT PETITION NO. 14777 OF 2023 Mukti Builders & Ors

...Petitioner

Versus

Vasai Virar City Municipal Corporation & Ors

...Respondents

WITH WRIT PETITION NO. 14778 OF 2023 MM Construction

...Petitioner

Versus

Vasai Virar City Municipal & Ors

...Respondents

WITH WRIT PETITION NO. 14779 OF 2023 Raj Maitry & Eskon Developers

...Petitioner

Versus

Vasai Virar City Municipal Corporation & Ors

...Respondents

Ms Sneha Prabhu, i/b Kinnari Mehta, for the Petitioner in all the Writ Petitions.

Ms Swati Sagvekar, for Respondent No 1 (VVCMC) in all the Writ Digitally signed by SANDHYA BHAGU WADHWA Date:

2023.11.30 10:43:25 +0530 SANDHYA BHAGU WADHWA

Petitions.

Mr Kedar Dighe, Addl GP with Mr AA Alaspurkar, AGP, for the Respondent-State in all the Writ Petitions.

Mr Ajinkya Jaibhave, for Respondent No 5 in all the Writ Petitions.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED: 29th November 2023 PC:- 1.

We have passed several orders in similar Writ Petitions. In this matter also construction is complete. There is no question therefore of insisting on a renewed Environmental Clearance for a project that is already complete. This is the only reason the Occupancy Certificate ("OC") has been withheld although there is a Consent to Operate from the Pollution Control Board that is valid until tomorrow, 30th November 2023.

2.

Accordingly in all these Petitions we direct the 1st Respondent, Vasai Virar City Municipal Corporation, ("VVCMC") to process the OC application made by the Petitioner at the earliest and in any event within two weeks from today without insisting on a renewed or revalidated Environmental Clearance (construction having been completed).

3.

This does not dispense with the requirement for any other compliance that may be required under the applicable Development Control Regulations ("DCR") or planning law.

4.

All Petitions are disposed of in these terms. There will be no orders as to costs.

(Kamal Khata, J) (G. S. Patel, J)