R. R. Realtors v. The Municipal Corporation Of Cities Of Pimpri And Chinchwad Thr Its Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5816 OF 2024 R.R. Realtors, Pune Through its Partner-Hero Notandas Motwani .. Petitioner Vs.

The Municipal Corporation of Cities of Pimpri and Chinchwad, Pimpri and Ors.

.. Respondents Mr. S.M. Sabrad with Mr. Amey Sawant, Advocates for the Petitioner. Mr. Rohit Sakhadeo (through V.C.) with Mr. Nitesh Rangari, Advocates for Respondent No.1.

Ms. Kavita N. Solunke, Assistant Government Pleader for the RespondentState of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 25TH NOVEMBER 2024.

[ THROUGH HYBRID HEARING ] P.C. :

1.

The learned counsel for the petitioner has tendered a copy of the order dated 11th November 2024 passed by the Supreme Court in Civil Appeal No.7648 of 2022 (State of Maharashtra & Anr. Vs. Dattatraya Tukaram Tupe & Ors.). In the said appeal, the decision of this Court rendered in Writ Petition No.1268 of 2019 (R.R. Realtors Vs. The State of Maharashtra and Ors.) with connected Writ Petition No.9722 of 2022 (Zumbar Baburao Bhalerao and Ors. Vs. The State of Maharashtra and Ors.) was under challenge. In the said judgment, a direction was issued to the Pimpri-Chinchwad Municipal Corporation to decide the application Digitally signed by SNEHA ABHAY DIXIT Date:

2024.11.26 09:54:35 +0530 1/2 Dixit SNEHA ABHAY DIXIT 33-WP-5816-2024.doc

made by the petitioners for seeking building permission. Such application has been decided on 20th October 2023. Pursuant thereto, no objection from the State Government is required to be obtained under Section 42(B) of the Maharashtra Land Revenue Code, 1966. The proceedings in that regard were referred to by the Tahsildar to the Additional Collector, Pune. 2.

The learned Assistant Government Pleader seeks time to obtain instructions in this regard.

3.

List under the caption of "Directions" on 3rd December 2024. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 33-WP-5816-2024.doc Dixit