1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1822 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. N.R.Bubna, for the petitioner. Mr R.S.Datar, for respondent nos 1 to 11. CORAM : D.B.BHOSALE, J. DATE : 23/09/2009 PC: Heard learned counsel for the parties. Mr Bubna, learned counsel for the petitioner, has placed on record an unaffirmed copy of the affidavit of one Sunil Hazare, Assistant Director, Town Planning Bhiwandi Nizampur City Municipal Corporation. The concerned officer is present in the court and Mr Bubna states that the affidavit will be affirmed during the course of the day. His statement is accepted. Paragraph 2 of the affidavit reads thus: T 2 “2. I say that within two weeks of receipt of necessary application with all documents of land mentioned in civil suit, viz 7/12 extract, mutation extracts, search report, title clearance report and certified plan measurement prepared by T.I.L.R showing all pot hissa including land affected by 30m wide proposed DP road. The Corporation will issue T.D.R in accordance with rule 33 and 34 of Sanctioned Development Control Rules.“ Counsel for the respondents submits that the respondents shall make the application with 7/12 extracts and mutation entry, within a period of two weeks from today. Rest of the formalities, mentioned in paragraph 2 of the affidavit, the Corporation, itself, shall comply with before the next date of hearing. It is needless to mention that the parties will comply with all the formalities, as aforementioned, without prejudice to their rights and contentions in these proceedings. After complying with all the formalities, as mentioned in para 2 3 of the Affidavit, the petitioner- Corporation shall fix the upset price of the T.D.R and shall place it before the court on the next date of hearing. Stand over to 3.11.2009. (D.B.BHOSALE, J.) 4