Ramesh Phirodia College Of Architecture Walunj Through Its Managing Trustee v. The Council For Architecture Habitat Center And Another

922-WP-11256-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO.11256 OF 2021 RAMESH PHIRODIA COLLEGE OF ARCHITECTURE WALUNJ THROUGH ITS MANAGING TRUSTEE

VERSUS

THE COUNCIL FOR ARCHITECTURE HABITAT CENTER AND ANOTHER ...

Advocate for Petitioner : Mr. V. D. Hon (Senior Counsel) ...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 12th October, 2021 P.C. :

.

The contention of Mr. Hon, the learned senior counsel is that, the application filed by the petitioner for review on 27.09.2021 is not being considered on the ground that the same is not filed on or before 28.09.2021. The learned counsel submits that, as per the schedule, the respondent/authority was required to decide an application for extension of approval on or before 15.09.2021 and the review was required to be filed on or before 20.09.2021. The respondent/authority decided the application of the petitioner for extension of approval under order dated 23.09.2021 and the same was received by the petitioner on 26.09.2021. The petitioner filed review on 27.09.2021.

922-WP-11256-2021.odt 2.

The aforesaid dates would clarify that, even the authority did not decide the proposal for extension of approval within the time schedule as settled by them. The same was decided on 23.09.2021 and the copy of the same was served upon on the petitioner on 26.09.2021.

3.

In view of that, the authority shall decide the application of the petitioner for review filed on 27.09.2021 on its own merits and shall not reject it on the ground of delay, considering the fact that the admission process needs to commence.

4.

Writ Petition is disposed of. No costs.

5.

Authenticated copy be allowed.

(R. N. LADDHA, J.) (S. V. GANGAPURWALA, J.) Sameer