ABHISHEK BUILDERS AND DEVELOPERS Vs. CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED

JUDGEMENT

(1.) Rule. By consent, rule made returnable forthwith. Counsel for respective respondents waive notice. By consent, heard finally forthwith.

(2.) Writ Petition (St.) No. 10937 of 2012 is to issue a Writ of certiorari or any other appropriate Order or directions in the nature of writ of certiorari thereby quashing and/or setting aside the impugned order dated 9th April, 2012 passed by the respondent No. 2 rejecting the petitioners' proposal for regularization. (Exhibit A). The petitioners have sought further relief to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus thereby seeking directions to the respondents to reconsider the proposal for regularization in respect of the petitioners' property i.e. building known as Green Heritage, situated at Plot Nos. 79 & 80, Sector 20, Kharghar, Navi Mumbai, on the basis of the material placed on record and accept the same in accordance with law.

(3.) The first petitioner is a Partnership Firm. The second petitioner is one of the Partners of the first petitioner firm. The first respondent is the Town Planning Authority declared for the area designated as a site for the new Town of New Mumbai by the Government of Maharashtra in exercise of its power under sub section 1(3)(A) of Section 113 of the Maharashtra Regional and Town Planning Act, 1966 (For short, "MRTP Act, 1966"). The second respondent is the Managing Director and Vice Chairman of the first respondent Company. The third respondent is Officer of the first respondent and is performing and exercising powers as vested under him in the MRTP Act, 1966. The respondent Nos. 1, 2 and 3 being the new Town Planning Development Authority declared for the new Town of Navi Mumbai by the Government of Maharashtra is covered under the definition of "State" under Article 12 of the Constitution of India and amenable to the jurisdiction of this Court.