1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 10391 OF 2008 IN WRIT PETITION NO. 6125 OF 2006 Dr. Anilkumar s/o. Shankarrao Kuttabadkar - - - - Applicant versus The Administrator of CIDCO and others. - Respondents. Shri S.S Dhapate, Advocate for applicant. Shri A. S. Bajaj, Advocate for respondents Nos.1 and 2. Shri S. K. Tambe, Asstt. Govt. Pleader for respondent No.3. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 18th August 2009 PER COURT : 1. The applicant has filed this civil application for early hearing. However, since it is not possible to hear the matter, learned Counsel for the petitioner has prayed for certain interim relief. 2. The petition has been filed by the petitioner challenging the notice issued by respondent No.1 dated 14-8-2006 whereby 2 petitioner has been directed to pay an amount of Rs.2,92,620/-. It is the contention of the petitioner that the said amount which is directed to be paid is not permissible in law. 3. However, since the petitioner desires to construct his house on the said plot and take loan from the financial institution and for the said purpose, he has expressed his willingness to pay the amount under protest. 4. Taking into consideration the fact that the petitioner is willing to deposit the amount under protest, we find that there should be no impediment for the respondent authority in execution of the lease deed and granting permission for construction and no objection certificate in favour of the petitioner. 5. The petitioner has filed an undertaking stating therein that he shall deposit Rs.80,626/- within four weeks from today. He has further stated that he shall deposit an amount of Rs.1,12,000/- within a period of two months and balance amount of Rs.1,00,000/- within a period of four months from the date of execution of the lease deed. The petitioner has further undertaken that in the event he does not make aforesaid payments, he will have no right or 3 claim against the respondent CIDCO and that the said authority would be entitled to take possession of the plot in question. Said undertaking is taken on record and marked `X' for identification. 6. In that view of the matter, we are inclined to dispose of the civil application with the following directions :- (I) On deposit by the petitioner of an amount of Rs.80,626/- within a period of two weeks from today, the respondent shall immediately execute the lease deed in favour of the petitioner and grant him necessary permission for construction and no objection certificate. (II) The petitioner shall pay amount of Rs.1,12,000/- within a period of two months from the date of execution of the lease deed. Balance amount of Rs.1,00,000/- shall be paid within four months from the date of execution of the sale deed. (III) It is made clear that on failure to deposit any of the amounts as aforesaid, the petition shall stand dismissed and the petitioner will have no claim or right against the respondent CIDCO and that the respondents would be entitled to take such proceedings as are permissible in law. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/ca1039108