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Bombay High Court

Dev Engineers vs The Municipal Corporation Of Greater ... on 5 September, 2024

Author: M.S. Sonak

Bench: M.S. Sonak

  2024:BHC-OS:13757-DB                                                             (902) CONPW-59.24.DOCX
         Digitally signed
          by LAXMIKANT
LAXMIKANT GOPAL
GOPAL     CHANDAN
CHANDAN   Date:
          2024.09.06
          11:47:24 +0530



                                                                                                              lgc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                               CONTEMPT PETITION NO.59 OF 2024
                                                                      IN
                                              INTERIM APPLICATION NO.486 OF 2024
                                                                      IN
                                                  WRIT PETITION NO. 782 OF 2023


                            Dev Engineers
                            A Partnership Firm through its partner,
                            Mr. Dev Pratap Purohit                                               ...Petitioner
                                  Versus
                            The Municipal Corporation of Greater Mumbai
                            Through its Municipal Commissioner & Anr.                        ...Respondents


                            Mr Ashif Shaikh, h/f Mr Amarendra Mishra for the Petitioner.
                            Mr Atul Damle, Senior Advocate a/w Ms Sweta Patankar for the
                                 Respondent - BMC
                            Mr Abhay L Patki, Addl. GP for the Respondent-State.
                            Ms Bhoir, S.E.D.P. present.



                                                          CORAM         M.S. Sonak &
                                                                        Kamal Khata, JJ.
                                                          DATED:        05 September 2024
                            PC:-


1. Heard learned counsel for the parties.

2. Mr. Damle, the learned Senior Counsel appearing for the Respondent - BMC, states that Development Rights Certificate is Page 1 of 2 ::: Uploaded on - 06/09/2024 ::: Downloaded on - 06/09/2024 18:43:55 ::: (902) CONPW-59.24.DOCX now issued to the Petitioner. He submits that this has been issued without prejudice to the BMC's rights to seek modification of the orders made by this Court from time to time.

3. In our order dated 16 August 2024, we had also clarified that the BMC can always issue the necessary TDR/DRC without prejudice, but cannot avoid or delay compliance.

4. The learned counsel for the Petitioner also reports compliance in that the necessary DRC is received by the Petitioner.

5. Accordingly, we dispose of this Contempt Petition, now that the compliance is duly reported though, without prejudice.

 (Kamal Khata, J)                                      (M.S. Sonak, J)




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