Chaitanya Towers Co-Operative Housing Society Ltd. v. Municipal Corporation Of Greater Mumbai (Mcgm)

905-OSWP-2221-2023.DOC ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2023.10.05 11:33:02 +0530 Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2221 OF 2023 Chaitanya Towers Co-operative Housing Society Ltd & Anr

...Petitioners

Versus

Municipal Corporation of Greater Mumbai (MCGM) & Ors

...Respondents

Mr Mayur Khandeparkar, with Vikramjit Garewal, Gaurav Srivastav, Mukul Taly, Sehyr Taly, Yash Kataria & Nikita Jadhav i/b S Mahomedbhai & Co, for the Petitioners. Mr Kunal Waghmare, for the Respondent-MCGM.

Mr Girish Godbole, Senior Counsel, with Vivek Shiralkar, Yashoda Desai, Vijay Poojari i/b Shiralkar & Co, for the Respondent No.5. Ms Diksha Shetty, i/b AAK Legal, for the Respondent No. 8.

Mr Advait Sethna, with Ashutosh Misra, for Respondent No.9-UOI.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED: 4th October 2023 PC:- 1.

The matter was argued yesterday. Mr Khandeparkar sought time to take instructions. The matter is therefore listed today. 2.

Mr Khandeparkar states on instructions that so far as the question of environmental clearance is concerned, the Petitioners 4th October 2023

905-OSWP-2221-2023.DOC will move the National Green Tribunal for appropriate reliefs. As regards all issues pertaining to Municipal permissions and any other claims including those arising under the Maharashtra Ownership Flats Act, 1963, the Petitioners will either file a fresh civil proceeding or, if so advised, will take appropriate steps in the civil suit that has already been filed.

3.

Subject to these liberties, Mr Khandeparkar seeks leave to withdraw this Petition.

4.

The Petition is dismissed as withdrawn with liberties as prayed. All contentions are kept open.

(Kamal Khata, J) (G. S. Patel, J) 4th October 2023