Dismissed

Hari Niwas Co-Operative Housing Society Ltd. v. Mumbai Municipal Corporation and 4 Ors.

Bombay HC18 Feb 2016WP/1666/2013

Case brief

AI extract

What is this about?

Petitioner sought writ relief to restrain the Municipal Corporation from granting certificates based on an IOD allegedly obtained via fabricated documents. This court dismissed the plea, holding that such challenges require a suit for declaration/injunction or representation to authorities, and disposed of the petition while keeping merits open.

What did the court decide?

Petition dismissed; all contentions on merits kept open.

Hari Niwas Co-Operative Housing Society Ltd. Vs… — Writ and Judicial Review | Bombay HC (2016)

oswp1666

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

¶5

WRIT PETITION NO.1666 OF 2013

¶6

Hari Niwas Co-operative
Housing Society Ltd.
vs.
Mumbai Municipal Corporation
and others

¶7

...Petitioner

¶8

...Respondents

¶9

Mr.M.W.Padgaonkar i/b Vidula Modak for the
Petitioner

¶10

Ms Geeta Joglekar for the respondent Nos.1 and 2
Mr.S.S.Shah i/b Mr.Sanjauy Gawade for respondent
No.3

¶11

CORAM : A.S.OKA, &
 C.V.BHADANG, JJ.
 DATE : FEBRUARY 18, 2016

¶12

P.C.:

¶13

1Heard the learned counsel for the petitioner.
Perused the prayers made in the Suit No.1209 of 2012
filed by the petitioner. In the suit, there is a
specific challenge to the IOD and commencement
certificate. The challenge is on the ground that
IOD and commencement certificate has been obtained
on the basis of alleged fabricated documents. The
Prayer in this petition is for restraining the
Municipal Corporation from granting Occupation
Certificate and Commencement Certificate on the
basis of the aforesaid IOD and Commencement
Certificate.

¶14

2 oswp1666

¶15

relief cannot be sought by way of a petition under
Article 226 of the Constitution of India.

¶16

3If according to the case of the petitioner, the
construction has been made by the concerned
respondents in violation of the building
permission/IOD, it will be always open for the
petitioner to point out the same by filing a
representation with the Municipal Authorities.

¶17

4Subject to what is observed above, writ
petition is disposed of. All contentions on merits
are kept open.

Hari Niwas Co-Operative Housing Society Ltd. v. Mumbai Municipal Corporation and 4 Ors.

Case brief

What is this about?

What did the court decide?

Hari Niwas Co-Operative Housing Society Ltd. v. Mumbai Municipal Corporation and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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