Allowed

R. v. Construction v Nashik Municipal Corporation and Ors.

Bombay HC23 Feb 2015CAW/361/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay directed the respondent Municipal Corporation to dispose of the applicant's occupation certificate application without waiting for the final hearing of the main writ petition, subject to specific undertaking conditions.

What did the court decide?

Respondent No.1 directed to dispose of the occupation certificate application without influence of the main Writ Petition's pendency, subject to conditions regarding building occupancy and undertaking

R. v. Construction Vs Nashik Municipal… — Pension and Retirement Benefits | Bombay HC (2015)

caw361

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.361 OF 2015 IN
WRIT PETITION NO.6059 OF 2010

¶5

R.V.Construction...Applicant
vs.
1 Nashik Municipal Corporation
and others...Respondents

¶6

Mr.Sandip Shinde for the applicant

¶7

Mr.R.S.Apte, Senior Advocate i/b Mr.Vaibhav Patankar
for the respondent Nos.1 and 2
Ms Leena Patil i/b Mr.M.S.Karnik for respondent
Nos.5 to 13.

¶8

CORAM : A.S.OKA, &
 A.K.MENON, JJ.
 DATE : FEBRUARY 23, 2015

¶9

P.C.:

¶10

1Heard the learned counsel for the applicant and
the learned counsel for the respondent Nos.1 and 2
and the learned counsel for the respondent Nos.5 to
13. From perusal of Exhibit-B to this application,
it appears that application made by the Architect of
the Applicant for grant of Occupation Certificate
has been kept pending only on the ground that Writ
Petition No.6059 of 2010 is pending.

¶11

2The respondent no.1 Municipal Corporation
cannot keep the application pending for grant of
Occupation Certificate only on the ground that the
Writ Petition is pending in this Court for final
hearing.

¶12

3We, therefore, dispose of this application by
passing the following order:

¶13

¶14

caw361

¶15

(I) We direct the respondent No.1 to dispose of the application made by the applicant for grant of Occupation Certificate in accordance with law without being influenced by the pendency of the main Writ Petition;

¶16

(II)We make it clear that if the respondent
No.1 finds that the building has been allowed
to be occupied without grant of Occupation
Certificate, it will be open for the respondent
No.1 to deny the Occupation Certificate on that
ground. If the building is found to be
unoccupied and if the Occupation Certificate is
granted, we make it clear that grant of
Occupation Certificate will be subject to final
outcome of the pending Writ Petition. In such
an event, the applicant shall not allow any
third party to occupy the premises in the
building or any part thereof unless a specific
undertaking is taken by the applicant from all
such parties that in the event the Writ
Petition is dismissed, the said parties will
have to hand over the possession of the
premises to the applicant. The undertaking
will incorporate a statement that the third
parties are aware of the fact that the
Occupation Certificate will be subject to final
outcome of the Writ Petition;

¶17

(III)Civil Application is allowed on above
terms.

R. v. Construction v Nashik Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

R. v. Construction v Nashik Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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