Disposed

Amul Chemical Industries Pvt. Ltd. and Anr. v. Navi Mumbai Municipal Corporation through Municipal Commissioner and Ors.

Bombay HC17 Feb 2016WP/2849/2015

Case brief

AI extract

What is this about?

Upon counsel for respondents withdrawing a stop work notice and opting to initiate proceedings under the MRTP Act, this court disposed of the writ petition by withdrawing the notice and directing the authorities to decide a fresh development permission application within sixty days.

What did the court decide?

The stop work notice dated 8th August, 2012 is withdrawn; the petitioners are directed to make a fresh application for development permission to be decided within sixty days.

Amul Chemical Industries Pvt. Ltd. and Anr. Vs Navi… — Writ and Judicial Review | Bombay HC (2016)

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wp-2849-15.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION

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WRIT PEITION NO.2849 OF 2015

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Office Notes, Office Memorandam of appearances, Court's or Judge's orders Court's orders or directions & Registrar’s orders.

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Mr. R. V. Pai a/w. Mr. A. R. Pai i/b. Ms. Neuty N. Thakkar, Advocate for the Petitioners. Mr. Sandeep V. Marne, Advocate for Respondent Nos.1 and 3. Mr. V. B. Thadhani, AGP for Respondent Nos.2 and 4.

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CORAM : A.S. OKA AND C.V. BHADANG, JJ.

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DATED : FEBRUARY 17, 2016.

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P.C.

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Heard the learned counsel appearing for

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the petitioners and the learned counsel appearing for the first to third respondents. Learned AGP represents the fourth respondent. Learned counsel appearing for the first to third respondents states that the said respondents have decided to withdraw the impugned stop work notice dated 8^th August, 2012 as they intend to initiate proceedings under Section 51 of the Maharashtra Regional and Town Planning Act, 1966 (“The MRTP Act”, for short).

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2 The learned counsel appearing for the petitioners on instructions states that due to passage of time, the petitioners will have to make a fresh application for grant of development permission which may be directed to be decided in accordance with law.

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3 Hence, we need not keep the petition pending and the same is disposed of by passing the following order:

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:: O R D E R ::

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(i) We accept the statement made by the learned counsel appearing for the first to third respondents on instructions. Accordingly the stop work notice dated 8^th August, 2012 stands withdrawn;

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(ii) if a fresh application is made by the petitioners for grant of development permission in accordance with the provisions of the MRTP Act, the said application

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shall be decided by the first to third respondents as expeditiously as possible and in any event within a period of sixty days from the date on which the application is made;

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(iii) we make it clear that all contentions of the petitioners and the first to third respondents are kept open;

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(iv) the petition is disposed of in the above terms.

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(C. V. BHADANG, J.)

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(A.S. OKA, J.)

Amul Chemical Industries Pvt. Ltd. and Anr. v. Navi Mumbai Municipal Corporation through Municipal Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Amul Chemical Industries Pvt. Ltd. and Anr. v. Navi Mumbai Municipal Corporation through Municipal Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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