Vivek Kishan Nandgude Through Its Power Of Attorney N.D. Ghante v. Pimpri Chinchwad Municipal Corporation, And ORS.

KAWRE KIRAN KALYAN 916-WP-5658-2024.DOC KAWRE KIRAN KALYAN Date: 2024.10.14 19:02:40 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5658 OF 2024 Vivek Kishan Nandgude Thr. Its Power of Attorney N. D. Ghante ... Petitioner

Versus

Pimpri Chinchwad Municipal Corporation & Ors _______________________ ... Respondents Mr. N. V. Nevshe for the Petitioner.

Mr. Rohit Sakhadeo for Respondent No.1.

Mr. A. I. Patel, Addl. G. P. a/w Ms. P. N. Diwan AGP for State. _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

11 OCTOBER 2024 _______________________ P.C.

1.

At the request of Mr. Sakhadeo, learned counsel for respondent No.1 / Corporation, only as a matter of indulgence, we adjourn the proceedings to 15 October 2024 (HOB).

2.

In the meantime, considering the communication dated 17 October 2022 (page 42 of the paper book), we direct respondent No.1 to issue "prapatra" (a) and (b) in favour of the petitioner. This more particularly as the issue is pending in this regard for quite some time, as also there is absolute clarity in this regard, considering the internal letter dated 17 October 2022 of respondent No.1.

11 October, 2024 Kiran Kawre

916-WP-5658-2024.DOC 3.

In any event, it cannot be the stand of respondent No.1 that the petitioner would be deprived of the compensation and / or his merit entitle for the TDR, if it is so acceptable to the petitioner. This cannot wait for any technicalities, when substantial compliances are already made by the petitioner and as pointed out to us in respondent No.1's own letter dated 25 July 2023 at page 44 of the paper book.

4.

Accordingly, Stand over to 15 October 2024 (HOB). (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 11 October, 2024 Kiran Kawre