1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. WRIT PETITION NO. 281 OF 2006 WRIT PETITION NO. 281 OF 2006 WRIT PETITION NO. 281 OF 2006 Haridarshan C.H.S. Ltd. ... Petitioner Versus B.M.C. & Ors. ... Respondents Mrs. Sumedha Rao for Petitioner. Mr. D.H. Mehta with Mr. Rajiv Narula & Mr. S. Shamim i/by Pravin Mehta & Mithi & Co. for R. No. 3. Mrs.S. Ajitkumar for R. Nos. 1 and 2. CORAM : F.I. REBELLO & CORAM : F.I. REBELLO & CORAM : F.I. REBELLO & DR.D.Y.CHANDRACHUD,JJ. DR.D.Y.CHANDRACHUD,JJ. DR.D.Y.CHANDRACHUD,JJ. DATED : MARCH 03, 2006 DATED : MARCH 03, 2006 DATED : MARCH 03, 2006 P.C. . Rule. Heard forthwith. . On behalf of the Respondent Nos. 1 and 2, their learned counsel points out that they have issued notice to Respondent No. 3 by letter dated 27.2.2006 to comply with the requirements as set out therein. The requirements are as under ; "1. Original P..R.C. in S.L.R. for C.T.S. No. 290 & 290/1 to 14 of village 2 Eksar and original tringulation area certified by Collector. 2. Original P.R.C. in S.L.R. for C.T.S. No. 643B, 643B1/B2/B3 of village Borivali abd original tringulation area certified by collector. 3. Separate tringulation area of plot No. 1 and 2 respectively certified by Collector in words. 4. Fresh structural Engineer’s certificate regarding stability of proposed existing building. 5. All balance I.O.D. conditions with payments and penalty. 6. Supervision Memo in prescribed proforma as per Appendix XI as per D.C.R. 1991. The T.D.R. documents of adm. 200.00 sq. 3 mt. will be sufficient only on confirmation of area from Collector Office and on compliance of Sr. No. 1 and 2 of above. " . In so far as conditions Nos. 1, 2 and 3 are concerned, on behalf of Respondent No. 3, their learned counsel on instructions makes a statement that they have already applied for the document on 16.2.2006 and they will submit the same within four weeks from today. Statement made on behalf of Respondent No. 3 accepted. . In so far as Condition No. 4 is concerned, the learned counsel for Respondent No. 3 on instructions makes a statement that the same will be complied with, within two weeks from today. Statement accepted. . In so far as condition No. 5 is concerned, the learned counsel for Respondent NO. 3 states on instructions, that they have complied with all conditions and if any further compliance is 4 required, they will do so within two weeks from today. Statement accepted. . Similarly in so far as condition No. 6, the learned counsel for Respondent No. 3 points out that they have already complied with the same. On behalf of the Respondent Nos. 1 and 2 the learned counsel confirms that this is so. . The only other condition is in the matter of TDR documents in the area of 200 sq. mtr. On behalf of Respondent No. 3, their learned counsel on instructions undertakes to this court that if there be any short fall in T.D.R. as notified to them by Respondent Nos. 1 and 2, they will make good the same within the period of four weeks from being so notified. Undertaking accepted. In so far as 200 sq. mtrs. are concerned, documents have already been submitted. . Respondent Nos. 1 and 2, on Respondent No. 3 complying with the requirements as set out earlier and in respect of which, statement has been accepted by this court as also undertaking, will 5 process the same and issue necessary occupation certificate within the period of six weeks from compliance by Respondent No. 3. . Pending the grant of Occupation Certificate by Respondent Nos. 1 and 2, Respondent No. 3 will not submit any fresh plans and or application for approval of further development in the property. . We make it clear that we are not deciding the controversy as to whether the Respondent No. 3 is entitled to further development and leave that question open. . We make it clear that in the event, there is noncompliance of any of the statement made and accepted by this court and on failure by the Corporation to grant Occupation Certificate, it will be open to the Petitioners to apply for recalling of this order or for suitable modification as the circumstances of the case may require. 6 . The Respondent No. 3 will comply with the requisition within four weeks of the Respondent Nos. 1 and 2 intimating the same to Respondent No. 3. . Rule made absolute accordingly. . The Respondent No. 3 to pay to the Petitioners the cost quantified at Rs.10,000/- within two weeks from today. (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (DR. D.Y. CHANDRACHUD,J.) (DR. D.Y. CHANDRACHUD,J.) (DR. D.Y. CHANDRACHUD,J.)