908_WP4253_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4253 OF 2026 Dr. Sanjay Narendra Singh … Petitioner Vs. State of Maharashtra through Urban Development Department and others … Respondents Mr. Mandaar Goswami a/w. Mr. Siddhant Choudhari for Petitioner. Mr. Soham Bhalerao a/w. Mr. Arnav Ashtikar i/b. DSK Legal for Respondent- CIDCO. Mr. Ketan Joshi, ‘B’ Panel Counsel a/w. Mr. R. S. Pawar, AGP for Respondents- State. Mr. Tejesh Dande a/w. Mr. Bharat Gadhvi, Mr. Sarvesh Deshpande, Mr. Tanuj Kabra and Mr. Parth Talekar for Respondent Nos.2 and 3. Mr. Santosh Chaudhary, Deputy Engineer, Town Planing. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : AUGUST 20, 2026 P.C. : . The petitioner is a doctor, who has approached this Court being aggrieved by steps taken by the respondent - Navi Mumbai Municipal Corporation with regard to the acquisition of property of the petitioner wherein he has set up a hospital. This Court had permitted the petitioner to amend the writ petition and accordingly, it was amended. In the order dated 30.06.2026, this Court had made the following observations:- “1. Heard learned senior counsel appearing for the Petitioner, the learned counsel appearing for the Respondent - Municipal Corporation and learned AGP for the State. 2. In the light of the order dated 09/04/2026 passed by this Court, the learned counsel appearing for Respondent - Municipal Corporation submits that upon considering the application submitted on behalf of Petitioner for granting 1/4 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.08.20 18:10:25 +0530 908_WP4253_26.doc occupancy certificate, by a communication dated 10/06/2026, the Petitioner was informed that in the light of corrections required in the drawings, certain steps would have to be taken at the end of the Petitioner. Learned senior counsel appearing for the Petitioner, on instructions, makes a statement that the Petitioner has taken necessary steps on 10/06/2026 itself by submitting necessary documents. In that light, the learned counsel appearing for Respondent - Municipal Corporation makes a statement that the documents and the application for grant of occupancy certificate submitted by the Petitioner shall be processed within four weeks. As regards, the directions sought by the Petitioner against the Respondents for granting requisite health licences, permissions and NOC, upon the Petitioner approaching the Respondents, they shall proceed in accordance with law. 3. The learned counsel appearing for the Respondent Municipal Corporation seeks time to file reply affidavit in the writ petition. He particularly relies upon the resolution of the said Respondent specifically stating that the proposal for acquisition concerns Section 77 of the Maharashtra Municipal Corporation Act, 1949, thereby indicating that the proposed acquisition is only by way of negotiations and agreement. On this basis, it is submitted that there is no basis for the apprehensions expressed on behalf of the Petitioner in the present writ petition. 4. We are of the opinion that since the Petitioner is evidently not agreeable for acquisition of the subject property, the resolution passed by the Respondent Municipal Corporation for acquisition under Section 77 of the said Act in all likelihood will meet with failure. Therefore, at this stage, we are of the opinion that no ad-interim or interim order is warranted. 5. Reply affidavit on behalf of the Respondent - Municipal Corporation as well as the Respondent - State shall be filed within four weeks from today. 6. Rejoinder affidavit, if any, be filed within two weeks thereafter. 7. List the Petition for further consideration on 12th August 2026, ‘High on Board’.” 2. The respondent Municipal Corporation has filed an affidavit of its Assistant Director of Town Planning dated 14.08.2026, wherein the 2/4 908_WP4253_26.doc following statement is made:- “19. I further say that pursuant to the said General Body Resolution No.43 dated 02.04.2026, the Municipal Commissioner has constituted a Committee of 7 Officers of Municipal Corporation to initiate the process of acquisition as provided u/s. 77 of Maharashtra Municipal Corporation Act, 1949. The said Committee was constituted by the Municipal Commissioner vide his Order dated 18.05.2026. The said Committee is in the process of examining technical aspects as well as initiating the process of valuation of the said property for the purpose of negotiation with the allottee of the said plot. 20. I further say that as per the application received from Project Proponent for issuance of Completion Certificate / Occupation Certificate for the said hospital, the construction carried out by the Project Proponent is found as per the sanctioned plan. Further the Fire Department, Health Department and the Town Planning Department have already certified that structure is fit to occupy. In view of such compliances, the Project Proponent is eligible to get Occupation Certificate for the said structure, however in view of the General Body Resolution No.43 dated 02.04.2026 and in view of constitution of Committee to take steps as per Section 77 of the Maharashtra Municipal Corporation Act, 1949, the process of acquisition and negotiators with the allottee of the plot is underway.” 3. We are of the opinion that in the light of the aforesaid statement made in the said affidavit of the respondent Municipal Corporation, appropriate directions can be issued for the occupancy certificate to be issued in favour of the petitioner. As regards the question of acquisition, in the light of the stand taken by the respondent Municipal Corporation, the writ petition itself can be disposed of. 4. The writ petition is accordingly disposed of by recording a statement made by the learned counsel on behalf of the respondent Navi Mumbai Municipal Corporation as per instructions given by one Mr.Santosh Choudhary, Deputy Engineer, Town Planning of the Municipal Corporation that even if it has to proceed further in pursuance of resolution dated 20.03.2026 for taking steps under Section 77 of the 3/4 908_WP4253_26.doc Maharashtra Municipal Corporations Act, 1949, further steps will be taken in accordance with the aforesaid provision, which necessitates an agreement with the owner of the property, in this case, the petitioner. 5. In the light of the above-quoted statements made in the affidavit filed on behalf of the respondent Municipal Corporation, the said respondent is directed to issue occupancy certificate to the petitioner within two weeks from today. 6. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 4/4 Minal Parab