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Bombay High CourtWP/3968/2025disposed off

Kshitiz Kulshrestha And ANR v. City And Industrial Development Corporation Ltd.

2025-03-18Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

501-WP-3968-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3968 OF 2025 Kshitiz Kulshrestha & Anr.

...Petitioners

Versus

City and Industrial Development Corporation Ltd.

...Respondents

_______ Mr. A. A. Kumbhakoni, Sr. Adv. i/b Shrishailya Deshmukh and Gaurav Sharma for Petitioner.

Mr. Rahul Sinha i/b DSK Legal for Respondent - CIDCO. _______

CORAM:

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

DATE:

18 MARCH 2025 P.C.

1. Considering the prayers as made in the petition, we were not inclined to entertain this petition. However, Mr. Kumbhakoni, learned senior counsel for the petitioner has drawn our attention to the complaint as made by the petitioner dated 10 March 2025 to the Senior Town Planner, CIDCO alleging breach of the permissions to undertake the construction of the building in question also which according to him includes an issue in regard to car parking. Such complaint makes specific prayer.

2. Learned counsel for the CIDCO has taken a fair stand, his contention is that if such a complaint is received, the same shall be looked into and decided by the concerned Officer of the CIDCO in accordance with law. 18 March 2025 Kiran Kawre

501-WP-3968-2025.DOC

3. In this view of the matter, let a decision on such complaint be taken within a period of four weeks from today.

4. All contentions of the parties are kept open.

5. We may observe that in issuing the aforesaid directions, we have not delved on the merits of the rival contentions including that of the developer. It is for the parties to urge all contentions before the appropriate authorities and / or in appropriate proceedings.

6. Subject to the aforesaid observations, we do not entertain this petition. It is accordingly disposed of. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) Digitally signed by KAWRE KIRAN KALYAN Date:

2025.03.19 18:24:50 +0530 KAWRE KIRAN KALYAN 18 March 2025 Kiran Kawre