Partly allowed

Shubh Shwet Developers Thr. Its Partner v. Vasai Virar City Municipal Corporation Thr. Its Commissioner and Ors.

Bombay HC15 Apr 2024WP/4117/2024

Case brief

AI extract

What is this about?

Joint Writ Petitions seeking issuance of Writ of Mandamus and Certiorari for grant of Occupancy Certificate by Vasai Virar City Municipal Corporation and State of Maharashtra respectively. The court made the IPT Rule absolute in the first petition regarding pending efforts and environmental clearance, while directing a site inspection for STP functioning in the second petition before permitting li

What did the court decide?

Rule to issue Writ of Mandamus/Certiorari for OC granted; in related petition, site inspection for STP directed and further listing deferred to 12th June 2024.

Shubh Shwet Developers Thr. Its Partner Vs Vasai… — Writ and Judicial Review | Bombay HC (2024)

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907-ASWP-4117-2024+.DOC

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Ganesh

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Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2024.04.16
10:28:05
+0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4117 OF 2024

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Shubh Shwet Developers …Petitioner Versus Vasai Virar City Municipal Corporation & Ors …Respondents

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WITH

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WRIT PETITION NO. 3716 OF 2024

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Cosmos Prime Projects Ltd ...Petitioner Versus The State of Maharashtra & Ors ...Respondents

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Ms Anita F Pandey , for the Petitioner in WP/4117/2024. Ms Sneha Prabhu , i/b Kinnari Mehta, for the Petitioner in WP/3716/2024.

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Ms Swati Sagvekar , for Respondent No 1 in WP/4117/2024 & for Respondent No 2 in WP/3716/2024.

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Mrs MP Thakur, AGP , for Respondent No 1-State in WP/4117/2024 & for Respondent No 2 in WP/3716/2024.

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CORAM G.S. Patel & Kamal Khata, JJ. DATED: 15th April 2024

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PC:-

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WRIT PETITION NO. 4117 OF 2024

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1. Rule, returnable forthwith.

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Page 1 of 3 15th April 2024

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907-ASWP-4117-2024+.DOC

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2. On the basis of the previous order that we have made, Rule absolute in terms of prayer clauses (a) and (b), which read thus:

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“a. That this Hon’ble Court be pleased to issue Writ of Mandamus or Writ, order, or direction in the nature of Mandamus directing Respondent No. 1 to consider the Application for Occupancy Certificated dated 18th January, 2024.

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b. That this Hon’ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order, or directions, leading to impugned refusal letter dated 16th February, 2024 being issued by Respondent No. 1 to be quashed and set aside as being illegal, unconstitutional, not tenable in law and capricious.”

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3. This is because construction began during the validity period of the various development permissions. The civil work of the building was completed on 10th August 2021 and then the Petitioner applied for an Occupation Certificate (“OC”). This was rejected on the basis that the environment clearance had lapsed. But the fact is that the construction was completed while the environment clearance was still very much valid.

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4. These facts are not contemptuous and are a part of the record. For these reasons, Rule to be made absolute as indicated above.

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WRIT PETITION NO. 3716 OF 2024

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Page 2 of 3 15th April 2024

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907-ASWP-4117-2024+.DOC

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5. It is prima facie unclear to us whether or not the Petitioner has a functioning Sewage Treatment Plant (“ STP ”) as required. The Municipal Authority and the Maharashtra Pollution Control Board will independently or jointly at their convenience inspect the site. We make it clear that this is not a question of merely having a STP in place. The STP must be there, and it must be demonstrated to be functioned and functioning within stipulated norms. That inspection is to be carried out with an accompanying report at the earliest possible and preferably by 10th May 2024.

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6. Since the rest of the request is for an OC, we do not permit the Petitioners to disturb the vacation judges and list the matter on 12th June 2024.

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(Kamal Khata, J)

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(G. S. Patel, J)

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Page 3 of 3 15th April 2024

Shubh Shwet Developers Thr. Its Partner v. Vasai Virar City Municipal Corporation Thr. Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Shubh Shwet Developers Thr. Its Partner v. Vasai Virar City Municipal Corporation Thr. Its Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

Case details

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