1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1471 OF 2008 Mahatma Coop.Housing Soc.Ltd. .. Petitioner Versus The Divisional Joint Registrar Coop.Societies and Ors. .. Respondents Mr.N.N.Bhadrashete for petitioner Mr.R.R.Bhosale, A.G.P. for State Mr.S.K.Shinde with Sagar Kasar for respondent No.4. CORAM : S.C.DHARMADHIKARI, J. DATE : 8th July 2008 P.C. . Petitioner society has approached this Court in its jurisdiction under Article 226 of the Constitution of India, challenging the orders dated 3rd March 2008 and 23rd April 2008. The said orders direct the petitioner society to grant permission to respondent No.4 Mr.Arun R. 2 Pol to construct upon the land which is allotted to him originally and which is in his possession. 2. After the petition was argued for some time, both sides agree that presently there is dispute insofar as holding of Respondent No.4 Mr.Pol. While Mr.Pol claims that he is entitled to 232 sq.mtrs.of land and he can construct upon the same, the petitioner society states that as per its record, the holding is 200 sq.mtrs. and clearance/no objection certificate (NOC) will be granted with regard to construction on this portion only. The petitioner persists with this stand and presently respondent No.4 would be satisfied if the society grants him NOC/ permission to develop and construct upon the land admeasuring 200 sq.mtrs. as demarcated in the agreed site plan by parties. As far as balance portion is concerned, respondent No.4 submits that he would initiate appropriate proceedings and seek such declarations as are permissible in 3 law from competent court with regard to his entitlement and construction on the portion admeasuring 232.50 sq.mtrs. 3. After taking instructions Mr.Bhadrashete makes a statement that clearance/ NOC will be granted by the society with regard to 200 sq.mtrs. of area within a period of eight (8) weeks from today. Mr.Shinde states that respondent No.4 will accept the said NOC and would proceed with construction subject to his plans being sanctioned by the local authority. He will accept this NOC without prejudice to his rights and contentions to claim entitlement to construct on the entire portion in his possession i.e. 232 sq. mtrs. Equally, it would be open for the society to urge, if such proceedings are initiated, that respondent No.4’s original entitlement itself is 200 sq.mtrs. and over and above this, he will not be in a position to construct nor claim as that is an area which has 4 been allotted to all members. 4. All contentions of both sides are kept open and subject to the same the petitioner society will issue the NOC. In the light of this order, the petition does not survive and stands disposed of by the present consent and without prejudice arrangement. (S.C.Dharmadhikari, J)