The High Court of Judicature at Bombay disposed of the writ petition concerning the cancellation of a NOC by CIDCO. The court observed the petitioner had not placed an agreement on record and that a civil suit was pending, keeping contentions open while dismissing the petition.
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.
Sr. No. 41 WP 8196 of 2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8196 OF 2019
Shabana Ayub Kazi … Petitioner Vs
The Managing Director City and Industrial Development Corporation, CIDCO Ltd. & Ors. ... Respondents
Mr. D.D. Rananaware, Advocate for the Petitioner. Mr. M.A. Sayed, Advocate for Respondent No. 4. Mr. Rohit Sakhadeo, Advocate for Respondents No. 1 to 3.
CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE, JJ DATE : AUGUST 28 th , 2019
P.C.:
1 . Petitioner has not placed on record any agreement with land owner and hence challenge to cancellation of NOC by Respondent No. 1 and Respondent No. 2 by itself cannot be presumed to give rise to any actionable claim. Learned counsel appearing for land owner -Respondent no. 4 states that petitioner has already approached the Civil Court in Special Civil Suit No. 229 of 2019 in the matter.
2 . Hence, keeping all the contentions of the parties open and with liberty to them to raise it before appropriate Court, we dispose of the present petition.
(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.)
Prachi Potdar
1/1
2 issues framed by the court
Whether the petitioner has established an actionable claim regarding the cancellation of NOC in the absence of a filed agreement with the land owner.
Whether the matter requires further examination by the writ court or should be left open.
Shabana Ayub Kazi
The Managing Director City and Industrial Development Corporation, CIDCO Ltd.
Ors.
B.P. Dharmadhikari
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
