GERA DEVELOPMENTS PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Writ Petition No.896 of 2021 (hereafter "W.P.-I ", for short) and Writ Petition (St.) No.9531 of 2021 (hereafter "W.P.-II ", for short) were heard together along with interim applications filed in W.P.-I. Undisputedly, the main controversy is involved in W.P.-I and it is common ground that success of W.P.-I, in any manner other than grant of relief as claimed vide prayer clause (a), could have the effect of jeopardizing the property rights of the applicants and the petitioner in W.P.-II, viz. Kapil Prabhakar Buchade (hereafter "Kapil ", for short). Incidentally, Kapil is also an applicant seeking intervention in W.P.-I. In our opinion, the controversy raised in W.P.-I having given rise to the proceedings before this Court, we are tasked to resolve such controversy first and, thereafter, depending on the outcome of W.P.-I, decide W.P.-II. In the process, we propose to give our reasons for disposal of the interim applications too.

(2.) Failure/refusal and/or reluctance on the part of the Maharashtra Industrial Development Corporation (hereafter "the M.I.D.C. ", for short) to issue Occupancy Certificate (hereafter "the O.C. ", for short) and Building Completion Certificate (hereafter "the B.C.C. ", for short) in respect of a multi-storied building constructed by the petitioners in W.P.-I, on the basis of a building plan duly sanctioned by the M.I.D.C., has given rise to the controversy in W.P.-I.

(3.) W.P.-II was instituted during the pendency of W.P.-I, wherein Kapil has expressed apprehension that moulding of the relief claimed in W.P.-I and implementation of any decision, taken in pursuance of an order passed on W.P.-I, would affect his property rights. Similar apprehension has been expressed by the other applicants.