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Bombay High CourtWP/13809/2024disposed off

Shree Apartment Condominium Thr. Its Secretary v. Pune Municipal Corporation Thr. Its Commissioner And ORS

2024-10-11Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Abhay J. Mantri2 pages

Osk 32-Wp-13809-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 13809 OF 2024 Shree Apartment Condominium ... Petitioner V/s.

Pune Municipal Corporation & Ors.

... Respondents Mr. Uday Warunjikar a/w. Mr. Sumit S. Kate for Petitioner. Mr. R.M. Pethe for Respondent Nos.1 to 3.

Ms. Savina R. Crasto, A.G.P. for Respondent No.4-State. Mr. Tejas Dande for Respondent No.5.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 11th October 2024.

P.C. :

1) Advocate Mr. Pethe waives notice on behalf of Respondent Nos.1 to 3. Ms. Crasto, learned A.G.P. waives notice on behalf of Respondent No.4. Advocate Mr. Dande waives notice on behalf of Respondent No.5. 2) Issue notice to Respondent No.6, returnable on 24th October 2024. Hamdast permitted.

3) Record prima-facie indicates that, by a report dated 1st January 2024, the Junior Engineer, Executive Engineer and Deputy Commissioner (Vigilance) of the Corporation had informed the Commissioner of Corporation about the illegalities and/or irregularities were being committed 1/2

Osk 32-Wp-13809-2024.doc by the Respondent No.6, while carrying out the redevelopment of the Respondent No.5-Society. It is the grievance of the Petitioner that, despite the said fact, the Respondent No.6 is brazenly constructing the building in utter defiance of all the relevant provisions of law. 3.1) In view thereof, ad-interim relief in terms of prayer clause (c). 4) Stand over to 24th October 2024.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.10.11 18:59:10 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2