1 wp 2836.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2836/2010 M/s Siddhi Real Estate Developers Petitioner versus The State of maharashtra & Ors. Respondents Mr.N.V.Walawalkar i/b Mr.S.M.Sabrad for Petitioner. Mr.C.R.Sonawane for – Respondent No. 1 Mr.A.R.Pitle for Res.2 Mr.Rajiv Singh i/b M/s Chitnis & Co. for Res.4 Ms.J.N.Pandhi for Res.5 Mr.Sumit Raghani i/b PDS & Asso.for Res.3 CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : 4th AUGUST , 2010. P.C. : . Heard counsel for the petitioner and respondent-2 . 2. This petition is directed against the communication dated 12/3/2010 issued by respondent-Corporation whereby the proposal of the petitioner for development of land came to be rejected on the ground that the site falls within the prohibited 2 wp 2836.10 zone as per the Development Control Rules. Learned Sr.Counsel for the petitioner has submitted that this Court in the present petition vide order dated 12/7/2010 directed the Corporation to undertake the factual measurement between the requisite site of the factory and the proposed site where the petitioner proposes to develop the land and also asked the Corporation to submit the measurement report in this Court. It is submitted that the measurement report has been submitted by the Corporation in the Court today and as per the said report distance between the Chemical Storage Plant of the factory and the site which was proposed for undertaking the construction is shown to be 413 sq.mtrs.. Learned Sr.Counsel has further contended that an issue in this regard is no more res- integra and is covered by the decision of this Court dated 19/7/2002 rendered in W.P.no. 2094 /2001 as well as the decision dated 17/3/2004 rendered in Writ Petition No.8385/2003 . It is ,therefore, prayed that appropriate direction be given to respondent-Corporation in this regard. 3 wp 2836.10 3. Learned counsel for respondent-Corporation makes a statement that the proposal of the petitioner for development of land dated 3/3/2010 shall be reconsidered afresh in the light of the above referred two decisions coupled with the other rules and procedure applicable in this regard within a period of four weeks from today. 4. In view of the statement made by learned counsel for the Corporation , the cause of action in our view involved in the present petition no more survives at this stage. Hence the Writ Petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)