0402caw108.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO. 108 OF 2011 IN WRIT PETITION NO. 5514 OF 2009 (Jayesh Madnesh Sinha & another Vs. Principal Director, Defence Estate & another) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ...................................................................................................................................................................... Shri S. Borkar, Advocate for the applicants. Shri N. N. Motghare, Advocate for the non-applicants. CORAM : R. K. DESHPANDE, J. DATED : 04 FEBRUARY, 2011. This application is moved by the petitioners seeking direction to the respondents to sanction the applicant’s building plain along with building permit on payment of Rs. 3,716/-, as per the order of the General Officer Commanding In Chief (Southern Command) passed on 27/8/2008 subject to the decision of this petition. The applicant further seeks direction to the respondent-Cantonment Board to grant No Objection Certificate for the purpose of obtaining housing loan from banking/financial institutions. The respondents have filed reply opposing the claim made by the petitioners. Shri Motghare, learned Counsel for the respondents submits that in terms of the order impugned in this petition, the petitioner is required to pay an amount of Rs. 40,000/- and if such amount is paid, without prejudice to the rights of the petitioner, then the application of the petitioner for sanction of building plan along with building permit can be considered by the Competent Authority, in accordance with the rules. Shri Borkar, learned Counsel for the petitioner, after taking instructions from the petitioner, who is present in person before this Court, makes statement that an amount of Rs. 40,000/- shall be deposited by the 0402caw108.11.odt 2/2 petitioner prior to 28/02/2011 in this Court, without prejudice to his rights. Shri Motghare, learned Counsel for the respondents submits that the respondents be permitted to withdraw the said amount and thereupon to process the application of the petitioner for sanction as has been prayed in the application. In view of the aforesaid position, the petitioner is permitted to deposit an amount of Rs. 40,000/- (rupees forty thousand only) in this Court on or before 28/02/2011. Upon deposit of such amount, the petitioner shall give intimation to the respondents and shall produce a copy of the receipt of deposit of such amount before respondent No.2. Upon such production, the respondent No. 2 shall consider the question of sanctioning the building plan for development of plot within a period of one month thereafter. The respondent No. 2 shall also consider the question of grant of No Objection Certificate to the petitioner for the purposes of obtaining housing loan from the Bank/Financial Institutions, within the said period. So far as the question of withdrawal of an amount of Rs. 40,000/- by the respondents is concerned, the respondents are at liberty to file such application and to serve copy of the same in advance to the learned Counsel for the petitioners. This Court, thereafter, shall consider the question of granting permission to the respondents to withdraw the said amount. However, for this reason, the process of sanctioning building plan shall not be withheld. With the above directions, the present civil application stands disposed of. JUDGE wwl