Writ petition seeking relief on the same footing as Prestige Estate Projects Ltd v State of Maharashtra concerning revalidation or renewal of Intimations of Disapproval and refund of payment made without prejudice. The court directed that the same directions as in that judgment be processed and disposed of the petition.
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913-OSWP-666-2024.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 666 OF 2024
Aakar Shivam Realty …Petitioner Versus State of Maharashtra & Ors …Respondents
Mr Naira Jejeebhoy , with Pratik Jani & Prince Vaishnav, i/b Prime Legal, for the Petitioner. Mr Joel Carlos , with Pooja Yadav, for the Respondent-BMC. Mr Himanshu Takke, AGP , for the Respondent-State.
CORAM G.S. Patel & Kamal Khata, JJ. DATED: 17th April 2024
PC:-
Digitally signed by ASHWINI ASHWINI H H GAJAKOSH GAJAKOSH Date: 2024.04.18 10:16:46 +0530
1. Mr Carlos submits that the Petitioner is late to the party. The party in question is a decision in Prestige Estate Projects Ltd v State of Maharashtra.1 The Petition is on the same footing and is fully covered by that judgment.
2. Consequently, the same directions that were passed in that Petition, including as to the revalidation/renewal of all Intimation of Disapprovals and a refund are to be processed. This is because in this case the Petitioner has in fact made a payment on a without
Page 1 of 2
17th April 2024
913-OSWP-666-2024.DOC
prejudice basis. There were several other cases before us in the Prestige Estate group that were on the same basis.
3. The Petition is disposed of in these terms.
(Kamal Khata, J)
(G. S. Patel, J)
Page 2 of 2 17th April 2024
1 issue framed by the court
Whether the Petitioner's case is fully covered by the decision in Prestige Estate Projects Ltd v State of Maharashtra regarding revalidation/renewal of Intimations of Disapproval and refund.
Colour shows how this judgement treated each authority
Prestige Estate Projects Ltd v State of MaharashtraFollowed¶1
2023 SCC OnLine Bom 2435 : 2023:BHC-OS:13164-DB · Who else cites this
Aakar Shivam Realty
State of Maharashtra
Brihanmumbai Municipal Corporation (BMC)
G.S. Patel
Kamal Khata
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
