New Sarnath Co-Operative Housing Society Ltd And ANR v. Municipal Corporation Of Greater Mumbai And 5 ORS

oswp2875 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2875 OF 2016 New Sarnath Co-operative Housing Society Ltd.and Anr.

...Petitioners

vs.

Municipal Corporation of Greater Mumbai and others

...Respondents

Mr.Ryan Menezes and Ms Ekta Pandav i/b Jhangiani Narula & Associates for the Petitioners Mr.Yashadeep Deshmukh for the respondent-MMC Mr.Kevin Setalwad,Senior Counsel a/w Devashish Tiwari i/b Converse Law for respondent No.5 Mr.S.U.Kamdar, Senior Counsel a/w Mr.Chirag Kamdar and Mr.Suraj Juneja i/b Wadia Ghandy & Co. for respondent No.6 CORAM : A.S.OKA, & P.N.DESHMUKH,JJ.

DATE : JANUARY 5, 2018 P.C.:

Prayer clause (a) which is the only substantive prayer in this petition reads thus: "(a) that this Hon'ble Court be pleased to issue a writ of mandamus any other writ, order or direction in the nature of mandamus directing Respondent Nos.1 to 4 not to process and sanction the Application filed by Respondent No.5 for Occupation Certificate to a building called J.K.House on the subject property without granting hearing to the Petition and without considering Petitioner's representation."

oswp2875 On the last date, an affidavit was filed by the respondent No.5 of one Zameer Nathani, Director Legal of the respondent No.5 to which a copy of the Occupation Certificate dated 11th July 2016 has been annexed. In view of grant of Occupation Certificate, the above prayer does not survive.

The learned counsel for the petitioners tenders a draft amendment which is taken on record and marked `X' for identification. If the petitioners have any other cause of action, they can always file a separate petition or proceedings in that behalf. The petitioners can always agitate their grievances about grant of Occupation Certificate dated 11th July 2016 in appropriate fresh proceedings.

Subject to what is observed above, we decline to entertain this petition and the same is disposed of.

All contentions of the parties are kept open. (P.N.DESHMUKH,J.) (A.S.OKA,J.)