1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.8576/2009 Shri Pundalik Gana Gulvi ..Petitioner. vs. The State of Maharashtra & ors ..Respondents. Mr Amit Borkar, Advocate for the Petitioner. Mr V.S. Masurkar, A.G.P., for Respondent No.1. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 P.C.:- By this petition, the petitioner is claiming a direction to the Thane Municipal Corporation to issue commencement certificate in his favour. The 2 case of the petitioner is that he had applied for permission to develop a plot which is the subject matter of this petition. That permission has been granted to the petitioner by an order dated 23.1.2008 subject to certain conditions which are mentioned in the said order but the Corporation is not issuing commencement certificate which has to be issued under sub-section (2) of Section 45 of the Maharashtra Regional and Town Planning Act, 1966(M.R.T.P.Act). It is true that there is requirement of issuing commencement certificate under sub-section (2) of Section 45 of the M.R.T.P.Act and that has not been issued by the Corporation. But the learned counsel appearing for the Petitioner is not able to point out to us what prejudice is caused to the petitioner by not issuing of commencement certificate. If, according to the petitioner, he has been granted permission to carry out development of the plot subject to certain conditions under order dated 23.1.2008, in our opinion, no prejudice is going to be caused to the 3 interest of the petitioner by non-issuance of the commencement certificate. There is no substance in the petition. It is hereby rejected. (D.K. DESHMUKH,J) (A.R.JOSHI,J)