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2019 Supreme(Bom) 1474

S.C.DHARMADHIKARI, G.S.PATEL
Labuilde Associates – Appellant
Versus
City & Industrial Development Corporation of Maharashtra Limited – Respondent


Advocates Appeared:
Bhagvanji Raiyani (In Person), Adv., Lokesh, Adv., Gopal Krishna Shivaram Hegde, Adv., Ashwini A. Purav, Adv., Swati Sagavekar, Adv.

JUDGMENT :

G.S. Patel, J.

This Writ Petition under Article 226 of the Constitution of India seeks to issue a Writ of Mandamus for the following relief’s:

    "(a) To direct Respondent No. 1 to issue the O.C. of Classic Wing Bldg. B and final Occupancy Certificate 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 Certificate 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'bl

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