EKTA PARKSVILLE HOMES PRIVATE LIMITED AND ANRversusVASAI VIRAR CITY MUNICIPAL CORPORATION AND ORS

                                    Digitally
                                    signed by
                                    CHITRA
                           CHITRA   SANJAY
                           SANJAY   SONAWANE
                           SONAWANE Date:
                                    2026.09.29
                                    12:05:52
                                    +0530



Chitra Sonawane.                                               35-WP-9631-2026.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.9631 OF 2026

Ekta Parksville Homes Pvt
Ltd & Anr.                                         .. Petitioners.
          Vs.
Vasai Virar City Municipal Corp. & Ors.            ... Respondents.

                                   ...
Mr. Birendra Saraf, Sr. Advocate a/w Bhushan Deshmukh, Mrs Jasmine
Kachalia, Mr Sahil Singh, Ms Shweta Chopra, Roshan Mohod i/by Wadia
Ghandy & Co. for Petitioners.

Mr Swapnil Patil for Respondent Nos.1 and 2.

Ms NS Bhide, GP a/w Mrs RM Shinde AGP for State.
                               ...

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

                   DATE     : 28th SEPTEMBER, 2026.

P.C. :

1.        Heard the learned Counsel for the parties.


2.        The instant Petition has been preferred by the Petitioner with
following substantive reliefs :
               " (a) That this Hon'ble Court be pleased to declare that the
               plinth completion certificate for construction of the said
               Wings i.e., Wings A, B, C and D of Building No. 16 in Sector
               II of the said Land, is deemed to have been granted in
               terms of Section 45 of the MRTP Act read with Regulation
               2.8.3 of the DCR 2001, in view of the fact that a duly
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Chitra Sonawane.                                                   35-WP-9631-2026.doc



               completed application vide letter dated 31st March 2023
               read with the letter dated 10th June 2024 (Exhibit 'N', and
               Exhibit 'O' hereto respectively), has been received by
               Respondent No. 2 but not been responded to or refused;

               (b) In the alternative to prayer clause (a), that this Hon'ble
               Court be pleased to issue a writ of mandamus or any other
               appropriate writ or any other appropriate order or direction
               in the nature of mandamus directing Respondent Nos. 1
               and 2 to process and grant plinth completion certificate and
               further permissions for construction of the said Wings, i.e.,
               Wings A, B, C and D of Building No. 16 in Sector II of the
               said Land, as applied by Petitioner No. Ivide the said
               Application, i.e., letter dated 31st March 2023 read with
               the letter dated 10th June 2024 (Exhibit 'N', and Exhibit 'O'
               hereto respectively), in accordance with law, within a
               period of 2 weeks or such other time, as this Hon'ble Court
               deems fit and proper "


3.          At the outset, Mr.Birendra Saraf, the learned Sr. Counsel submits
that he is not pressing prayer clause (a). He submits that he confines the
relief       to    prayer    clause     (b)   wherein    it   is   prayed       that     the
Respondent/Authorities may be directed to decide the Petitioner's
representation in form of Letters dated 31st March 2023 and 10th June
2024.


4.        In view of the facts and circumstances of the case, we expect the
concerned/ Competent Authority of the Respondent-Corporation to
consider and decide the representation of the Petitioners contained in
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Chitra Sonawane.                                            35-WP-9631-2026.doc



Letters dated 31st March 2023 and 10th June 2024, preferably within 3
months from the date of uploading of this order.


5.        We make it clear that we have not adverted to the merits of the
matter.


6.        The Petition is disposed of in above terms.




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




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