Marvellours Builders Private Limited And ANR v. State Of Maharashtra And 2 ORS

wp-245.16 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.245 OF 2016 Marvellous Builders Private Limited and Anr.

... Petitioners Vs.

State of Maharashtra and Ors.

... Respondents Mr. Vishal Kanade a/w Mr. Ravi Gandhi and Mr. M.A. Kamdar i/by Kanga & Co. for the Petitioners.

Mr. Mohit Jadhav, AGP for the Respondent Nos.1 and 2. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

20th JUNE, 2017 P.C.

Heard the learned counsel appearing for the petitioners. The learned AGP appearing for the first and second respondents. Our attention is invited to the letter/ representation dated 10th May, 2012 addressed by the petitioners to the Principal Secretary of the Urban Development Department of the Government of Maharashtra. By the said representation, the petitioners invited attention of the Principal Secretary to the clause 3 of Regulation 62 of the Development Control Regulations of 1991. The petitioners called upon the State Government to exercise powers in clause 3 of Regulation 62 for the purposes of interpreting various Regulations set out in the said letter/

wp-245.16 representation. Thereafter, several reminders were issued by the petitioners to the Principal Secretary. The learned AGP states that he has not received any instructions.

Considering the limited prayer made in this Petition, we dispose of the Petition by passing the following order:-

ORDER

(i) If the representation made by the petitioners dated 10th May, 2012 (Exhibit- 'B1') is not yet decided by the State Government, the same shall be decided as expeditiously as possible and in any event within a period of three months from today. The order passed on the representation be communicated to the petitioners; (ii) All contentions on merits are kept open; (iii) The first and second respondents to act upon an authenticated copy of this order.

(SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)