Yakub Mehbub Shaikh And Others v. The State Of Maharashtra And Others

WP1773/19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1773 OF 2019 YAKUB MEHBUB SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A.B. Kale, Advocate for the petitioner.

Mr. P.K. Lakhotiya, AGP for the State.

CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

Dated : 17TH JUNE, 2019.

PER COURT :

1.

This Court cannot give a declaration that the petitioner has received deemed construction permission.

2.

The provision of deemed construction permission depends upon the submission of plan. Non consideration of the same within 60 days subject to condition that the plan is in conformity with the by laws and with all other regulations. It is for the authorities to be satisfied in that regard. The petitioner may take steps in accordance with law in that regard or may prosecute the application with the authorities which the authorities are bound to consider. Writ Petition is disposed of. No costs.

(MANGESH S. PATIL, J.) (S. V. GANGAPURWALA, J.) P.S.B.