M/S. Blue Baron Realtors A Partnership Firm v. The State Of Maharashtra Through Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by SUNNY ANKUSHRAO THOTE Date: 2025.11.13 10:20:12 +0530 SUNNY ANKUSHRAO THOTE CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8614 OF 2025 WITH INTERIM APPLICATION NO. 11319 OF 2025 IN WRIT PETITION NO. 8614 OF 2025 M/s. Blue Baron Realtors A Partnership Firm
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Ms. Sneha Prabhu i/by Ms. Kinnari Kehta, Advocate for the Petitioner.
Ms. Priyanka Chavan, AGP for Respondent No.1/State. Ms. Swati Sagvekar, Advocate for Respondent No.2/Corporation. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 11th NOVEMBER, 2025 P.C. :- 1.
We have heard the learned Advocates for the Petitioner and for the Corporation. The learned AGP appears on behalf of the State.
2.
The learned Advocate for the Corporation submits, on instructions, that the request of the Petitioner for a proper Occupation Certificate as per the provisions of the Unified
Development Control and Promotion and Regulations (UDCPR), would be considered and the Occupation Certificate, subject to all the compliances, would be issued.
3.
The learned Advocate for the Petitioner clarifies that the reason for the passing of the rejection Letter dated 10th December 2021, was on account of the Petitioner lacking the 'consent to operate' from the Maharashtra Pollution Control Board and the 'Environment Clearance Certificate' was obtained in 2010. She further clarifies that the construction work had commenced within the lifetime of the Environment Clearance Certificate. The learned Advocate for the Corporation confirms that when the construction activity was started, the Environment Clearance Certificate was valid.
4.
The learned Advocate for the Petitioner submits, in the light of the above, that the Petitioner would be relying upon the order of this Court dated 24th August, 2023 passed in Writ Petition No.10155 of 2023 (Cosmos Prima Projects Ltd V/s. Vasai Virar City Municipal Corporation & Ors.).
5.
In view of the above, we permit the Corporation to deal with the request of the Petitioner and if all the compliances are in order, the Occupation Certificate be issued within a period of 30 days from today.
6.
In view of the above, this Writ Petition is disposed off. 7.
The pending Interim Application would not survive and stands disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)