In this contempt petition, the High Court considered whether to proceed against respondents for disobedience of a previous order. The respondents undertook immediate compliance, leading the Court to dispose of the petition without costs.
Contempt petition disposed of with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sherla V.
conpw.110.2014_904.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO.110 OF 2014 IN
WRIT PETITION NO.1999 OF 2014
Sunshine Housing Pvt. Ltd. & anr. ... Petitioners
Vs. Sitaram Kunte Commissioner, Municipal Corporation of Greater Mumbai & Ors. ... Respondents
Mr.Virag Tulzapurkar, Sr.Advocate, with S.P. Kadam, Apeksha Sharma i/b Kadam & Co. for the Petitioners Mr.E.P. Bharucha, Sr.Advocate, a/w A.Y. Sakhare, Sr.Advocate and Vandana Mahadik for Respondents
CORAM: SMT. VASANTI A. NAIK & SHRI C.V. BHADANG, JJ.
DATE: 5th MARCH, 2015
P.C.:
By this contempt petition, the petitioners seek action against the respondents under the provisions of the Contempt of Courts Act for willful disobedience of the order dated 19.8.2014, passed in Writ Petition No.1999 of 2014.
It is stated on behalf of the petitioners that though this Court had by an order dated 19.8.2014 directed the Corporation to grant full commencement certificate for C and D wings of building No.2 and all other
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conpw.110.2014_904.doc
permissions of the building under construction and proposed to be constructed on the property in question, irrespective of whether the Corporation takes possession of the amenity open space or not, the Corporation has not approved the plans submitted by the petitioner and has insisted that the amenity space be shifted.
Mr.Bharucha, the learned Senior Counsel for the Corporation, makes a statement on instructions that the building proposed on the plot in question, including plans for building No.2 will be approved immediately without insisting on handing over of amenity space. It is stated that the proposal for taking over of the 5% of the amenity open space in lieu of TDR at the location already approved would be processed immediately.
Since the respondents have undertaken to immediately comply with the order dated 19.8.2014 in writ petition No.1999 of 2014, it would not be necessary to proceed against the respondents in this contempt petition, any further.
By accepting the statement made on behalf of the respondents, which would be binding on the respondents, we dispose of the contempt petition with no order as to costs.
(C.V. BHADANG, J.)
(VASANTI A. NAIK, J.)
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Sunshine Housing Pvt. Ltd.
Sitaram Kunte
Vasanti A. Naik
C.V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
