LABUILDE ASSOCIATES Vs. CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED
LAWS(BOM)-2019-9-144
HIGH COURT OF BOMBAY
Decided on September 27,2019

Labuilde Associates Appellant
VERSUS
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED Respondents

JUDGEMENT

G S Patel, J. - (1.) This Writ Petition under Article 226 of the Constitution of India seeks to issue a Writ of Mandamus for the following reliefs: "(a) To direct Respondent No. 1 to issue the O.C. of Classic Wing Bldg. B and fnal Occupancy Certifcate of Petitioners' captioned Bldg. A & B of Vile La'BuilDe Housing Complex as required u.s. 2.15.4 of the Vasai-Virar Development Control Regulations. (b) To direct Respondent No. 1 to refund the Security deposit with 6% accrued interest to the Petitioners as required u.s. 2.15.5 of the Vasai-Virar Development Control Regulations. (c) To direct the 1st Respondent to withdraw the demand letter dated 13-7-2009 to Ex. N asking the Petitioners to pay Rs.26500 as Fire cess and Rs.1,35,0990 as penalty for purported unauthorised occupation of wing Classic of Bldg.B or the Hon'ble Court may quash the same and direct the Respondent No. 1 to issue the Occupation Certifcate of the said Classic Wing without any further delay. (d) To direct the 3rd Respondent to withdraw the demand letter dated 20-4-2012 at Ex. W asking the Petitioners to pay totalling to Rs.l7,85,187 for purported unauthorised occupation of wing Classic of Bldg. B or the Hon'ble Court may quash the same and direct the Respondent No. 1 to issue the Occupation Certifcate of the said Classic Wing without any further delay. (e) To direct Respondent No. 3 to issue the occupation Certifcate of Classic Wing of Bldg.B of Vile La'BuilDe Complex, Village Gokhivare, at Vasai."
(2.) The 1st Petitioner is a partnership frm of suppliers and builders. It closed its business in mid-2007. Petitioner no. 2 is the managing partner of the 1st Petitioner. Although the 1st Petitioner has ceased doing business, the frm is not yet dissolved. Respondent No. 1 is the City and Industrial Development Corporation of Maharashtra Limited ("CIDCO"), an enterprise established and wholly controlled by the 2nd Respondent, the State of Maharashtra. The 3rd Respondent is the Vasai-Virar City Municipal Corporation ("VVCMC").
(3.) The 2nd Petitioner, Mr. Raiyani, appears in person. We have heard him as also Mrs Swati Sagvekar for Respondent No. 3 and Mrs Purav for Respondent No. 2. We have carefully considered the Petition with its annexures, the Affidavit in Reply fled by the 3rd Respondent VVMC and the written submissions tendered by Mr Raiyani.;


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