Eldorado Co-Operative Housing Society Ltd v. Office Of The Assistant Commissioner And ANR

suresh MNoB-WP-1354.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1354 OF 2019 Eldorado Co-operative Housing Society Limited .... Petitioner Vs.

Office of the Assistant Commissioner, G/South Ward & Anr.

.... Respondents Mr. Abhishek A. Adke for the Petitioner.

Ms Rupali Adhate for the Respondent-MCGM.

Mr. Prakash Sonawane, Junior Engineer (B&F), G/South Ward, Mumbai, present in Court.

CORAM: S.C. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE : JULY 31, 2019 P.C:

Mentioned. Not on board.

2.

After the attention of the Advocate for the petitioner was invited to Section 53 of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act"), particularly sub-section

(3) thereof, on instructions, the learned Advocate seeks leave to

suresh MNoB-WP-1354.2019.doc withdraw the writ petition with liberty to make an application invoking sub-section (3) of Section 53 of the MRTP Act. The writ petition is disposed of as withdrawn with the liberty as prayed. No costs.

3.

Ad-interim/interim order, if any, stands vacated forthwith.

4.

Needless to clarify that if an application under sub-section (3) of Section 53 is made, pending that application, the statute itself says that the notice under sub-section (1) will not be implemented. In these circumstances, no protection from this Court is required.

5.

All contentions are kept open.

(SANDEEP K. SHINDE, J.) (S.C. DHARMADHIKARI, J.)