This writ petition sought a stay on consumer court proceedings and directions for issuing a property card and building completion certificate. The High Court declined the stay and writ directions, treating the petition as a representation to be decided by the Corporation within four weeks after a hearing.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION No. 764 OF 2016
Sadat Builders ….Petitioner Vs. The City Survey Officer and Ors. ….Respondents
Mr.Harshad Gamre for Petitioner Ms. Shobha Ajitkumar for Respondent BMC Mr.Kishore Shetty for Respondent No.4 ******
CORAM : V. M. KANADE & M.S. KARNIK , JJ.
DATE : APRIL 6, 2016
P.C. :
“(a) For a writ of mandamus and/or any other suitable writ or order directing the Respondent No.1, Respondent No.2 and Respondent No.3 to consider the survey report
and take all the necessary steps and actions to perform
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their obligations and give effect to requirements of law including what is provided under Maharashtra Land Revenue Code 1966, Maharashtra Regional Town Planning Act and all the provisions of the MMC Act and including delegating and/or directing the concerned officers of the Respondent No.1 to issue separate property card in the name of MCGM which will be produced to the Ex Engineer Building Proposal to obtain the building completion certificate.
(b) (i) For a stay on proceedings in Execution Application NO.EA/07/2013 which pending before Hon'ble CONSUMER FORUM Pareland mandatory order directing the Respondent No.1, Respondent No.2 as well as Respondent No.3 to co-ordinate with each other and get the mutation entry updated in the revenue records in respect the said disputed portion of land as measured by Respondent No.1 and issue Building Completion Certificate in favour of the Petitioners.
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(ii) For a further injunction restraining the Hon'ble CONSUMER FORUM Parel, Mumbai from passing any order during the pendency of this Writ Petition.
and circumstances of the case may require and in the interest of justice.”
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by the Petitioner as representation and decide the same expeditiously within a period of four weeks after giving hearing to the Petitioner, on merits and in accordance with law. Writ petition is disposed of.
M.S.KARNIK, J.
V.M. KANADE, J.
3 issues framed by the court
Whether the High Court can grant a stay on consumer court proceedings under Article 226.
Whether a writ direction mandating issuance of a property card and building completion certificate can be issued under Article 226.
How the Corporation should treat the petition filed by the petitioner.
4 provisions across 4 enactments
Sadat Builders
The City Survey Officer
Other Respondents
V. M. Kanade
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
