Dev Engineers v. The Municipal Corporation Of Greater Mumbai Through Municipal Commissioner

(902) CONPW-59.24.DOCX by LAXMIKANT GOPAL CHANDAN Date:

2024.09.06 11:47:24 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.59 OF 2024 IN INTERIM APPLICATION NO.486 OF 2024 IN WRIT PETITION NO. 782 OF 2023 Dev Engineers A Partnership Firm through its partner, Mr. Dev Pratap Purohit

...Petitioner

Versus

The Municipal Corporation of Greater Mumbai Through its Municipal Commissioner & Anr.

...Respondents

Mr Ashif Shaikh, h/f Mr Amarendra Mishra for the Petitioner. Mr Atul Damle, Senior Advocate a/w Ms Sweta Patankar for the Respondent - BMC Mr Abhay L Patki, Addl. GP for the Respondent-State. Ms Bhoir, S.E.D.P. present.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

05 September 2024 PC:- 1.

Heard learned counsel for the parties.

2.

Mr. Damle, the learned Senior Counsel appearing for the Respondent - BMC, states that Development Rights Certificate is

(902) CONPW-59.24.DOCX now issued to the Petitioner. He submits that this has been issued without prejudice to the BMC's rights to seek modification of the orders made by this Court from time to time.

3.

In our order dated 16 August 2024, we had also clarified that the BMC can always issue the necessary TDR/DRC without prejudice, but cannot avoid or delay compliance. 4.

The learned counsel for the Petitioner also reports compliance in that the necessary DRC is received by the Petitioner. 5.

Accordingly, we dispose of this Contempt Petition, now that the compliance is duly reported though, without prejudice. (Kamal Khata, J) (M.S. Sonak, J)