1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1427 OF 2009 Balaji Co-operative Housing Society .. Petitioner Vs. Municipal Corporation of Greater Mumbai and Ors. .. Respondents Ms.Sumedha Rao for the petitioner Ms.G.S.Joglekar for respondent nos.1 to 3 Ms.Seema Sarnaik for respondent no.4 Mr.B.R.Zaveri for respondent no.5 CORAM : J. N. PATEL & C. L. PANGARKAR, JJ DATE : 3rd MARCH, 2010 P.C. : 1. Heard. 2. The petitioner has approached this court invoking its extra ordinary Jurisdiction seeking direction against respondent no.2 to issue Occupation Certificate to petitioner s building on the basis of the Compliances ’ 2 already made. 3. It is the case of the petitioner that item nos.1, 2, 3, 4, 5, 8, 9 and 10 from the balance compliances of the I.O.D. conditions need to be deleted as they are not mandatory and that respondent no.2 to sanction regular water line for petitioner s building. ’ 4. The respondent no.2 has filed an affidavit in reply wherein it has been specified that the building in question suffers from non compliance of DCR regulations and as soon as they comply with the deficiencies through their Architect / Owner, the respondent Corporation would issue Occupation Certificate. It is specifically stated that the petitioner has failed to comply with the mandatory conditions under the D.C.Regulations 1991 and that the respondents cannot waive the said conditions. Therefore, the dispute appears to be between the petitioner and the builder i.e. respondent no.4 and their Architect respondent no.5. 5. We find no reason to entertain the petition as there is no refusal on the part of the M.C.G.M. in issuing the required certificate to the petitioner. Therefore, it will be open for the petitioner to seek specific performance of these requirements from respondent nos.4 and 5 by approaching appropriate forum as these matters cannot be entertained in a writ petition relating to dispute between private parties. 3 6. We therefore, dismiss this petition. ( J. N. Patel, J) ( C. L. Pangarkar, J)