M/S. SAI RYDAM REALTORS PVT LTD THRU AUTHORISEDversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

                         PDP                                                               42-WP-10123-2026.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
            Digitally
            signed by
            PRAVIN
PRAVIN
DASHARATH
PANDIT
            DASHARATH
            PANDIT
            Date:
                                                WRIT PETITION NO. 10123 OF 2026
            2026.09.11
            19:43:09
            +0530



                         Sai Rydam Realtors Pvt. Ltd.                         .. Petitioner

                                         Vs.

                         The State of Maharashtra & Ors.                      .. Respondents
                                                         ...
                         Mr. Murtaza Najmi a/w Shambhu Jha, Sushil Upadhaya, Afsar
                         Ansari, Farida Najmi, Nancy Kanungo, Suraj, Arefa Siddiquie, Nasrah
                         Ansari for the Petitioner.
                         Mrs. Neha S. Bhide, Govt. Pleader with Mr. K. B. Dighe, Addl. Govt.
                         Pleader and Mrs. Pratibha Gavhane, AGP for Respondent Nos.1 and
                         5-State.
                                                         ...

                                         CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                 ADVAIT M. SETHNA, J.

                                       DATE           : 11th SEPTEMBER, 2026.

                         P.C. :

                         1.            Heard the learned counsel for the petitioner. Issuance of
                         Notice is dispensed with in view of the order proposed to be passed
                         by this Court.


                         2.            The learned counsel for the petitioner submits that while
                         processing the application for grant of Fire No Objection Certificate in
                         respect    of    its    development      project,     the     Competent        Authority
                         determined the amount payable towards Fire Protection Fund at
                         Rs.52,44,730/-          in   accordance       with     the    applicable       statutory
                         provisions.     However, Respondent Nos.2 to 4 refused to accept the
                         amount     determined         by   the   competent          authority    and      instead

                                                                   1
PDP                                                    42-WP-10123-2026.doc



demanded payment of Rs.85,91,000/- towards Fire Protection Fund.
The learned counsel for the petitioner further submits that since the
Fire   No   Objection   Certificate   was   an   indispensable      statutory
requirement of the petitioner’s development project, the petitioner
deposited the said amount under protest in order to avoid delay and
disruption of the project.   He submits that without any rationale and
cogent reasons, the demand had been made in arbitrary manner.
Inspite of the fact that the petitioner has filed detailed objection on
19th June, 2026 before the Municipal Commissioner, Vasai Virar City
Municipal Corporation and the Chief Fire Officer, Fire & Emergency
Services Department, the respondents failed and neglected to refund
the excess amount.


3.          At present we find that such demand by the Respondents
is to be re-visited in the light of the objection so raised by the
petitioner on 19th June, 2026. The same be done by the said
Respondents in accordance with law.


4.          Considering the factual situation as emerged before us, we
are not inclined to entertain the instant Petition. The petitioner has
already deposited the amount and the same would be subject to the
final decision on the objection so raised by the petitioner on 19 th
June, 2026.


5.          With the above directions, the Writ Petition is Disposed of.



[ADVAIT M. SETHNA, J.]                              [CHIEF JUSTICE]



                                      2