Court made the rule absolute conditionally upon compliance by Respondent No. 3 and grant of occupation certificate by Respondents 1 and 2, leaving the question of entitlement to further development open.
Rule made absolute; BMC to issue occupation certificate in six weeks; Respondent No. 3 to pay Rs. 10,000.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 281 OF 2006
Haridarshan C.H.S. Ltd. ... Petitioner
Versus
B.M.C. & Ors. ... Respondents
Mrs. Sumedha Rao for Petitioner.
Mr. D.H. Mehta with Mr. Rajiv Narula & Mr. S.
Shamim i/by Pravin Mehta & Mithi & Co. for R. No.
3.
Mrs.S. Ajitkumar for R. Nos. 1 and 2.
CORAM : F.I. REBELLO &
DR.D.Y.CHANDRACHUD,JJ.
DATED : MARCH 03, 2006
P.C.
. Rule. Heard forthwith.
. On behalf of the Respondent Nos. 1 and 2, their
learned counsel points out that they have issued
notice to Respondent No. 3 by letter dated
27.2.2006 to comply with the requirements as set
out therein. The requirements are as under ;
"1. Original P..R.C. in S.L.R. for
C.T.S. No. 290 & 290/1 to 14 of village
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Eksar and original tringulation area
certified by Collector.
2. Original P.R.C. in S.L.R. for
C.T.S. No. 643B, 643B1/B2/B3 of village
Borivali abd original tringulation area
certified by collector.
3. Separate tringulation area of plot
No. 1 and 2 respectively certified by
Collector in words.
4. Fresh structural Engineer’s
certificate regarding stability of
proposed existing building.
5. All balance I.O.D. conditions with
payments and penalty.
6. Supervision Memo in prescribed
proforma as per Appendix XI as per D.C.R.
1991.
The T.D.R. documents of adm. 200.00 sq.
3
mt. will be sufficient only on
confirmation of area from Collector
Office and on compliance of Sr. No. 1
and 2 of above. "
. In so far as conditions Nos. 1, 2 and 3 are
concerned, on behalf of Respondent No. 3, their
learned counsel on instructions makes a statement
that they have already applied for the document on
16.2.2006 and they will submit the same within four
weeks from today. Statement made on behalf of
Respondent No. 3 accepted.
. In so far as Condition No. 4 is concerned, the
learned counsel for Respondent No. 3 on
instructions makes a statement that the same will
be complied with, within two weeks from today.
Statement accepted.
. In so far as condition No. 5 is concerned, the
learned counsel for Respondent NO. 3 states on
instructions, that they have complied with all
conditions and if any further compliance is
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required, they will do so within two weeks from
today. Statement accepted.
. Similarly in so far as condition No. 6, the
learned counsel for Respondent No. 3 points out
that they have already complied with the same. On
behalf of the Respondent Nos. 1 and 2 the learned
counsel confirms that this is so.
. The only other condition is in the matter of TDR
documents in the area of 200 sq. mtr. On behalf
of Respondent No. 3, their learned counsel on
instructions undertakes to this court that if there
be any short fall in T.D.R. as notified to them by
Respondent Nos. 1 and 2, they will make good the
same within the period of four weeks from being so
notified. Undertaking accepted. In so far as 200
sq. mtrs. are concerned, documents have already
been submitted.
. Respondent Nos. 1 and 2, on Respondent No. 3
complying with the requirements as set out earlier
and in respect of which, statement has been
accepted by this court as also undertaking, will
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process the same and issue necessary occupation
certificate within the period of six weeks from
compliance by Respondent No. 3.
. Pending the grant of Occupation Certificate by
Respondent Nos. 1 and 2, Respondent No. 3 will
not submit any fresh plans and or application for
approval of further development in the property.
. We make it clear that we are not deciding the
controversy as to whether the Respondent No. 3 is
entitled to further development and leave that
question open.
. We make it clear that in the event, there is
noncompliance of any of the statement made and
accepted by this court and on failure by the
Corporation to grant Occupation Certificate, it
will be open to the Petitioners to apply for
recalling of this order or for suitable
modification as the circumstances of the case may
require.
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. The Respondent No. 3 will comply with the
requisition within four weeks of the Respondent
Nos. 1 and 2 intimating the same to Respondent No.
3.
. Rule made absolute accordingly.
. The Respondent No. 3 to pay to the Petitioners
the cost quantified at Rs.10,000/- within two weeks
from today.
(F.I. REBELLO,J.)
(DR. D.Y. CHANDRACHUD,J.)
Haridarshan C.H.S. Ltd.
B.M.C.
F.I. Rebello
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court