Hari Niwas Co-Operative Housing Society Ltd. v. Mumbai Municipal Corporation And 4 ORS.

oswp1666 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1666 OF 2013 Hari Niwas Co-operative Housing Society Ltd.

...Petitioner

vs.

Mumbai Municipal Corporation and others

...Respondents

Mr.M.W.Padgaonkar i/b Vidula Modak for the Petitioner Ms Geeta Joglekar for the respondent Nos.1 and 2 Mr.S.S.Shah i/b Mr.Sanjauy Gawade for respondent No.3 CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : FEBRUARY 18, 2016 P.C.:

Heard the learned counsel for the petitioner. Perused the prayers made in the Suit No.1209 of 2012 filed by the petitioner. In the suit, there is a specific challenge to the IOD and commencement certificate. The challenge is on the ground that IOD and commencement certificate has been obtained on the basis of alleged fabricated documents. The Prayer in this petition is for restraining the Municipal Corporation from granting Occupation Certificate and Commencement Certificate on the basis of the aforesaid IOD and Commencement Certificate.

In view of the pendency of the suit, such

oswp1666 relief cannot be sought by way of a petition under Article 226 of the Constitution of India.

If according to the case of the petitioner, the construction has been made by the concerned respondents in violation of the building permission/IOD, it will be always open for the petitioner to point out the same by filing a representation with the Municipal Authorities. Subject to what is observed above, writ petition is disposed of. All contentions on merits are kept open.

(C.V.BHADANG,J.) (A.S.OKA,J.)