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2015 Supreme(Bom) 481

B.P.DHARMADHIKARI, A.P.BHANGALE
Paramhari Engineers – Appellant
Versus
Maharashtra Industrial Development Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M.G. Bhangde, Senior Advocate with R.M. Bhangde, Advocate.
For the Respondents:S.P. Dharmadhikari, Senior Advocate with M.M. Agnihotri, Advocate.

Judgment :-

B.P. Dharmadhikari, J.

1. Rule is made returnable forthwith and heard finally with the consent of Shri M.G. Bhangde, Senior Advocate with Shri R.M. Bhangde, learned counsel for the petitioner and Shri S.P. Dharmadhikari, Senior Advocate with Shri M.M. Agnihotri, learned counsel for the respondents. This Court has on 23.12.2013 called upon the petitioner to deposit an amount of Rs.32,42,500/- with the Registry of this Court. Accordingly, that amount is already deposited by the petitioner.

2. The communication dated 20.11.2013 sent by the respondent demanding an amount of Rs.32,42,500/- only towards non-refundable additional premium as a condition for grant of extension of time limit up to 27.02.2014 for approval of revised building plans, completion of factory building and obtaining Building Completion Certificate (B.C.C.) is assailed by the petitioner – Industrial unit before this Court under Article 226 of the Constitution of India.

3. The question raised by the petitioner before this Court is about the date from which period of five years for completing the above mentioned task should be computed. According to it, said period begins to run after registration of ATL (agr































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