Apurva Natvar Parikh And Co Private Limited And ANR v. The Municipal Corporation Of Greater Mumbai And 3 ORS.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1683 OF 2016 WITH CHAMBER SUMMONS (L) NO. 407 OF 2016 Apurva Natvar Parikh & Co. Private Limited and anr.
.. Petitioners Vs.
The Municipal Corporation of Greater Mumbai and ors.
.. Respondents Mr.Pravin Samdani, Senior Advocate a/w Mr.Nakul Jain i/b Maniar Srivastava Associates, for the Petitioners/Applicants. Mr.A.Y.Sakhare, Senior Advocate i/b Ms.Vandana Mahadik, for Respondents - MCGM.
CORAM : NARESH H. PATIL AND M.S.KARNIK, JJ.
09th JANUARY, 2017 P.C. :
.
The learned Senior Counsel appearing for the petitioners submits that during the pendency of the Petition, the Corporation amended the DCR Rules in May 2016. On instructions, learned Counsel submits that the petitioners have applied for development permission in terms of amended DCR 1/3
by application dated 07/10/2016. The learned Senior Counsel submits that the Corporation may pass appropriate order within a prescribed period of 60 days on the application filed by the petitioners in accordance with the amended DCR Rules for seeking development permission.
2.
The learned Senior Counsel appearing for the Corporation submits in case the petitioners had submitted an application as stated above with the Corporation, the same will be dealt with and processed in accordance with law within a prescribed time as per Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act').
3.
In view of the submissions and statements made above, we direct the Corporation to deal with the application filed by the petitioners as stated above on its own merits and pass appropriate order on the same within a prescribed time as per the provisions of MRTP Act.
2/3
4.
All contentions raised by both the sides are kept open.
5.
With the aforesaid observations and directions, Writ Petition and Chamber Summons are disposed of. (M.S.KARNIK, J.) (NARESH H. PATIL, J.) 3/3