Vinod Infrastructure Pvt. Ltd. v. The Municipal Corporation Of Greater Mumbai And 5 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1496 OF 2019 WITH INTERIM APPLICATION (L) NO.21376 OF 2024 Bhavna Kunj Co-Operative Housing Society Ltd. & Anr.

.....Petitioners Vs.

The Municipal Corporation Of Greater Mumbai & Ors.

.....Respondents WITH WRIT PETITION NO. 1010 OF 2024 WITH INTERIM APPLICATION (L) NO.21375 OF 2024 WITH INTERIM APPLICATION (L) NO.19900 OF 2024 Vinod Infrastructure Pvt. Ltd.

.....Petitioners Vs.

The Municipal Corporation Of Greater Mumbai & Ors.

.....Respondents ___________________________________________ Adv. Rakesh Agrawal for the Petitioners in WP Nos.1496 of 2019 and 1010 of 2024.

Adv. Moksh Abhay Jain i/by R.V. Sankpal & Associates for the Applicant in IAL No.21376 of 2024.

Adv. Moksh Abhay Jain a/w. Adv. Bhavna Ahire i/by R.V. Sankpal & 1/3

Associates for the Applicant in IAL No.21275 of 2024. Mr. G.S. Godbole, Senior Advocate a/w Smt. S.V. Tondwalkar i/by Smt.Komal Punjabi for the Respondent Nos.1 to 4-BMC. Mr. Mahesh Gosavi, S.E. (BP) P/N BMC present. ___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 8th JANUARY, 2025.

P.C.:- 1) Mr. Godbole, learned senior counsel appearing for the BMC on instructions submitted that, the Competent Authority of BMC has issued a communication dated 6th January, 2025 to the Petitioners/Developers directing them to comply with certain conditions for the purpose of grant of occupation certificate. He tendered across the bar the said communication along with other documents compiled thereto.

2) Mr. Agrawal, learned Advocate appearing for the Petitioners on instructions submitted that, the Petitioners will comply with the necessary requisitions as mandatory under the Rules framed by the Corporation within a period of two weeks from today. The said statement is accepted. 2.1) He further on instructions submitted that, the Petitioners will co-operate with the Corporation in having road of necessary width as per the DCR Rules.

3) If the Petitioners make an Application for getting fire safety clearance, we expect from the Competent Authority to decide the same within a period of seven days from the receipt of the said Application. 2/3

4) In view of the above, nothing further survives in the Petition No.1496 of 2019 and is accordingly disposed off. 5) In view of disposal of Writ Petition No.1496 of 2019, the grievance in the Petition No.1010 of 2024 is also worked out and the same is also disposed off.

6) Interim Application (L) No.21376 of 2024 in Writ Petition No.1496 of 2019 and Interim Application (L) Nod.21375 of 2024 and 19900 of 2024 in Writ Petition No.1010 of 2024 do not survive and are also disposed off.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2025.01.15 11:07:03 +0530 SANJIV SHARNAPPA MASHALKAR 3/3