Bombay High Court
Manoj Madhav Limaye And Ors vs State Of Maharashtra Thru Principal ... on 19 October, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10684 OF 2018
Manoj Madhav Limaye & Ors. .. Petitioners
v/s.
State of Maharashtra through
Principal Secretary, Urban Development
Department and Ors. .. Respondents
WITH
WRIT PETITION NO.10717 OF 2018
WITH
INTERIM APPLICATION (ST) NO.23783 OF 2022
IN
WRIT PETITION NO.10717 OF 2018
Sixth Element Advertising Pvt.Ltd. & Ors. .. Petitioners
v/s.
State of Maharashtra through
Principal Secretary, Urban Development
Department and Ors. .. Respondents
WITH
INTERIM APPLICATION (ST) NO.23780 OF 2022
WITH
WRIT PETITION NO.9134 OF 2022
WITH
WRIT PETITION NO.1613 OF 2019
WITH
INTERIM APPLICATION NO.479 OF 2020
Digitally
signed by
SANDHYA
SANDHYA BHAGU
BHAGU WADHWA
WADHWA Date:
2022.10.21
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IN
WRIT PETITION NO.1613 OF 2019
WITH
WRIT PETITION (ST)NO.3924 OF 2021
WITH
WRIT PETITION NO.9045 OF 2022
WITH
WRIT PETITION NO.9046 OF 2022
WITH
WRIT PETITION (ST)NO.8372 OF 2021
WITH
WRIT PETITION NO.1596 OF 2021
WITH
WRIT PETITION NO.8503 OF 2022
WITH
WRIT PETITION NO.9448 OF 2021
WITH
WRIT PETITION NO.9788 OF 2021
WITH
INTERIM APPLICATION NO.3232 OF 2022
IN
WRIT PETITION NO.9788 OF 2021
Me. S.M. Gorwadkar, Senior Advocate, a/w Mr. G.H. Gangal, Ms. Reunka
S. Gorwadkar, i/b. Mr. Niranjan A. Mogre for the petitioners in
WP/10684/2018 and for the applicants in IAST/23780/2022.
Mr. S.M. Gorwadkar, Senior Advocate, i/b. Mr. Javed Patel, for the
petitioners in WPST/3924/2021 and WPST/8372/2021.
Mr. G.S. Godbole i/b. Mr. Sumit Kothari & Mr. Aditya Shirke for the
petitioners in Writ Petition no.8503/2022.
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Mr. Javed Patel, for the petitioners in WP/1596/2021 and
WP/1613/2019.
Mr. A.P. Kulkarni, a/w Ms. Sneha Shah and Mr. Aditya Mahadik for the
petitioners in WP/10684/2018, WP/9134/2022, WPST/3924/2021, WP/
9045/2022 and WP/9046/2022.
Mr.A.I. Patel, Addl. G.P. a/w A.A. Purav, AGP, for the State.
Mr. N.D. Deshpande a/w Ms. Kanchan Pathak for the applicant in
IA/479/2020.
Mr. Y.N. Muchhala, Senior Advocate, a/w Mr. Nawaz Handaday i/b.
Javed Patel for the petitioners in WP/10717/2018.
Mr. A.P. Kulkarni a/w Ms. Sneha Shah & Mr. Aditya Mahadik for
respondent nos.2 to 7.
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 19TH OCTOBER, 2022.
P.C. :
1. Mr. Gorwadkar, learned Senior Counsel for the petitioners in Writ Petition no.10684 of 2018 and Mr. Muchhala, the learned Senior Counsel for the petitioners in Writ Petition no.10717 of 2018, on instructions, states that their respective clients would pay an amount to the Municipal Corporation at the rate of Rs.111/- per sq.ft., per annum, for the financial year from 1 st 3/6
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2. It is made clear that the amount that would be deposited by the petitioners would be without prejudice to their rights and contentions of the petitioners as well as the Municipal Corporation.
3. The amount that would be deposited would be subject to further orders that may be passed by this Court in the pending Writ petitions or in the interim applications.
4. Upon deposit of such an amount by the petitioners with the Municipal Corporation, if the Municipal Corporation has not granted a renewal to the existing licence for this financial year, the same shall be granted within one week from the date of such deposit, without prejudice to the rights and contentions of the Municipal Corporation.
5. By a separate order passed by this Court on the last date, this Court has already directed the office to place the matters for hearing and final disposal on 21 st November, 2022. It is made 4/6
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6. In view of this order, the Municipal Corporation shall not take any coercive steps against the petitioners for the recovery of the arrears, if any, till the next date which would be subject to further orders that would have been passed by this Court in the interim applications or in the writ petitions, as the case may be.
7. It is made clear that the amount that would be deposited by the petitioners shall be deposited by the Municipal Corporation in a separate account in respect of these payments that would be deposited pursuant to this order, which deposit would be subject to further orders that would have been passed by this Court.
8. It is made clear that while passing this order today, we have not gone into the merits of the matter. The amounts are being deposited by the petitioners on the suggestion made by this Court, which is accepted by the learned Senior Counsel for the 5/6
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9. Place these matters on board at 2.30 p.m. on 21st November, 2022.
(KAMAL KHATA, J.) (R.D.DHANUKA, J.)
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