Habib Umer Khan v. City And Industrial Development Corporation And ANR

2025:BHC-AS:14040-DB 21.WP18406_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18406 OF 2024 Habib Umer Khan ... Petitioner Vs.

City and Industrial Development Corporation (Maharashtra) Ltd. & Ors.

... Respondents _______ Mr. Suresh Sabrad a/w. Mr. Jeetenndra Sachhdev, Mr. Amey Sawant, Mr. Abubakar Patel and Mr. Pratik Sabrad for the petitioner. Mr. Rohit Sakhadeo for respondent nos. 1 to 3. _______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

26 March, 2025 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for the following reliefs:

"b) by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct respondent no. 1-CIDCO to consider the application dated 29.01.2024, made by the petitioners and grant extension of time to develop land bearing Plot No. 01, Sector no. 02, admeasuring area 3360.14 sq. mtrs. in Karanjade, Taluka Panvel, District Raigad, without demanding payment of additional lease premium from petitioners and further be pleased to direct respondent no. 1-CIDCO to execute modified agreement with petitioners in respect of the said plot bearing Plot no. 01, Sector no. 02, admeasuring area 3360.14 sq. mtrs. in Karanjade, Taluka Panvel, District Raigad."

2.

It appears that the reliefs which are sought arise purely under the contract between the parties, i.e., in respect of allotment of land as made by CIDCO in favour of the petitioners.

3.

Be that as it may, considering the nature of the land, the petitioners have made representation dated 29 January, 2024 to the Estate officer, CIDCO which 26 March, 2025

21.WP18406_2024.DOC is pending consideration. In our opinion, it is in the interest of justice that the petitioners be heard on such application and a reasoned order be passed as expeditiously as possible and in any event within a period of four weeks from today, if not already passed.

4.

The petition is disposed of keeping open all contentions of the parties. No costs.

5.

Parties to act on the authenticated copy of this order. (ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.) 26 March, 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 27/03/2025 11:16:17