Husenkha Kasam Patel And ORS v. Commissioner Nmc And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.11.25 13:35:38 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (Sr. No. 921) WRIT PETITION NO. 14991 OF 2025 Girish Ramchandra Bhalerao & anr.

... Petitioners.

V/s.

Commissioner, Nashik Municipal Corporation & Ors.

... Respondents.

WITH (Sr. No. 922) WRIT PETITION NO. 15531 OF 2025 Husenkha Kasam Patel & Ors.

... Petitioners.

V/s.

Commissioner, Nashik Municipal Corporation & Ors.

... Respondents.

--- Mr. Yuvraj Varvankar, Advocate for Petitioners. Mr. M.L. Patil, Advocate for Respondent Nos. 1 and 2. Ms. Priyanka Chavan, AGP for Respondent/State in WP/14991/2025. Ms.Nisha Mehra, AGP for Respondent/State in WP/15531/2025. --- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

20th NOVEMBER, 2025 P.C. :

1.

In both these matters, the learned Advocate representing the Municipal Corporation has taken instructions and submits that the proposal of the Petitioners for Development Rights Certificate (DRC), is under active consideration.

2.

Considering the experience of the Corporation in the recent past, when it was noticed that some parties who were issued DCR and a sale deed was executed, had already created third party interests in the said property, let the Petitioners tender their individual affidavits to the Commissioner of the Municipal Corporation declaring therein that the writ properties at issue are exclusively owned by them and no third party interest or encumbrances are created on such properties. Thereafter, the proposals would be decided within 2 months from the date of tendering of the affidavits. So also the documents compliance, submission of relevant documents, should also be done.

3.

The learned Advocate for the Petitioners submits that such affidavits and the relevant documents, would be tendered within a period of 15 days from today.

4.

By recording the above statements, we observe that after the documents and affidavits are tendered by the Petitioners, the Corporation would deal with the said proposals and if there is no legal impediment, the DRC would be issued within a period of 2 months from today.

5.

With the above observations, by consent of the parties, both the Petitions, are disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)