...respondent-company was registered on October 12, 1990. After the registration of the company, it cannot do any business without a commencement certificate under section 149 of the Act. Even...borrowings by the company can be done only after the issue of such certificate. Under section 13 of the Act, the memorandum of every company has to state, in the case of companies formed after the commencement...company, after incorporation and after obtaining the commencement certificate, applied for recognition under the Securities Act on November 8, 1990, and that application is still pending. It is...

...stated that the High Court ought not to have decided the issue of construction of the residential building beyond 43rd floor and up to 56th floor without a valid commencement certificate as mentioned...with the grant of permission to Respondent 5 for additional FSI, the Municipal Commissioner went a way ahead by submitting that construction of additional 13 floors without commencement certificate...have been done without a commencement certificate which had been withheld due to the dispute which emerged on account of the construction of the public parking lot.48. I deem...

...petitioner to relinquish the land earmarked as road free of cost. iii) The respondents No.3 and 4 to issue the commencement certificate for construction of commercial building in the schedule `A' property without i...commencement certificate for construction of the building in the schedule `A' property and pass appropriate order in accordance with law within a period of four weeks from the date of receipt of certified copy of this order...By the impugned demand notice/letter dated 12.11.2021, the petitioner is called upon to pay the commencement certificate fee of Rs.80,000/- and further relinquish the land earmarked as...

...Site is renewed up to 22.10.2041 as per Annexure-A. However the petitioner started constructing the building without obtaining the commencement certificate as required under law. An organization...ongoing construction.3. To call for records in respect of the request made by the petitioner made from time to time and action taken upon in the matter of “Commencement Certificate” and for...appropriate writ or order or directions moulding the reliefs in the circumstances of the case.4. Writ of mandamus to the Respondent No. 1 to grant the Commencement Certificate forthwith...

...Defendant Nos. 2 to 5 and the Director of Defendant No. 6 shall not leave the country without seeking prior permission of this Court.(vi) Office to forward a copy of the commencement...purchasers. However, the Defendants till date have not even obtained a commencement certificate beyond 5th floor from the Mumbai Municipal Corporation. The Defendant No. 2, a partner of Defendant No. 1, who...is present in Court has admitted before the Court that the Municipal Corporation has issued the commencement certificate in respect of the subject project only upto 5 floor and no further. However...

...Plaintiff under Ex. P-10 to pay a sum a sum of Rs. 5,00,000/- by way of penalty for putting up a construction on the plaint schedule property without obtaining a commencement certificate ...dated 19-4-1984 decreeing the suit brought by the plaintiff for a declaratio that the plaintiff has the benefit of the deemed commencement certificate/change in land use certificate from public and semi...the earlier sanction for commercial purpose, the Corporation issued endorsements dated 20-12-1982 and 22-1-1983 directing the plaintiff to produce commencement certificate/change in land use...

...to issue the Commencement Certificate without insisting on payment of improvement charges. Subsequent thereto, the petitioner has made request with the respondents for issuance of Commencement...the payment of penalty of Rs. 9,04,000/- since the progress in the construction had been continued without issuance of Commencement Certificate. The petitioner has paid the same under protest and...Certificate be issued without insisting upon improvement charges to be paid by the petitioner and therefore the petitioner, in any event, was entitled to secure the Commencement Certificate and only...

...had to guide itself. After a development plan was prepared, the question was a simple one as to whether the commencement certificate could be given without doing any violation to the development plan. The ...respondent to the fourth respondent (including P Ward) on July 8, 1964 infringes the petitioners' rights and directing the issue of a commencement certificate for the development and utilisation of...falling in the heavy industrial area, a commencement certificate could not be granted. By their letter dated March 13, 1962 the petitioners complained that the Executive Engineer, Development Plan had no...

.... absence of a commencement certificate or a completion certificate. 7. Facts at hand prima facie show that without their being proper certificate of a structural eng...such board. The planning authorities should issue commencement certificate only after satisfying themselves that such a board is displayed. The date and particulars of commencement certificate shall...tendency to accumulate water. It was also black soil, with the result, 4 storied construction came down within a year of its completion. He is pointing out other violations i.e...

...penalty for putting up a construction on the plaint schedule property without obtaining a commencement certificate from the defendant and directed to issue a notice to the Plaintiff to stop further work in...against the Decree dated 19-4-1984 decreeing the suit brought by the plaintiff for a declaration that the plaintiff has the benefit of the deemed commencement certificate/change in land use certificate.... Despite the earlier sanction for commercial purpose, the Corporation issued endorsements dated 20-12-1982 and 22-1-1983 directing the plaintiff to produce commencement certificate/change in land use...

...by the Navi Mumbai Municipal Corporation subject to specific condition that before undertaking the work of any development in terms of the Commencement Certificate, the Petitioners will obtain No Objection Certificate of CI...P.CHeard the learned counsel appearing for the Petitioners. It appears that from the Exhibit ‘O’ to the Petition that Commencement Certificate was granted to the Petitioners...

...to issue a commencement certificate (CC), without insisting on a condition of 100% of the tenants agreeing, and/or permanent alternate accommodation agreements being entered with all the tenants. As...of 2022. The MCGM is accordingly directed to process the commencement certificate in favour of the petitioners without insisting for permanent alternate accommodation agreements in respect of 100% of tenants. Mr. Khandepark...act shall be taken as a severe breach of the conditions under which this Intimation of Disapproval is issued and the sanctioned will be revoked and the commencement certificate granted under Section...

... accordance with law. 104. Therefore, it is submitted that even if there was demolition without a Commencement Certificate, the... that was carried out without a Commencement Certificate and therefore, reiterates the conditions stipulated in the order of 18/02/2009 [Ex.M/Pg.53... Commencement Certificate for the proposed change of activity, repair, additional alteration as per the plan approved by the Executive Engineer dated 10/09/2008. On 09/06/2009...

...before issue of commencement certificate and/or IOD, the petitioners shall deposit 50% of the impugned demand with the second respondent, without prejudice to rights and contentions of the petitioners and shall furnish ...furnishing the Bank guarantee is made by the petitioners, a commencement certificate shall not be issued to the petitioners and the petitioners shall not commence any construction activities....

...open to the Planning Authority to refuse the permission. As per Section 45(2) the permission granted under sub-section (1), with or without conditions, shall be contained in a commencement certificate...-6-1981 for construction of 6 buildings comprising basement, ground and 5 upper floors. The commencement certificate was issued on 10-6-1981. On 27-6-1981 the Additional Collector and competent...commencement certificate was granted on 10-6-1981. The amendment plans were approved for nine wings of ground plus five upper floors on 2-2-1983. Thereafter, amendment plans proposing stilt plus twenty-four...

...Respondent-Corporation. As a matter of fact, the commencement certificate is granted by the corporation and the construction is already completed. The construction of meditation centre, therefore...filed seeking to quash and set aside the building permission and the commencement certificate dated 27 June 2007 granted by the Respondent-Corporation in favour of Respondent No. 3 for construction of a...construction of the meditation centre is completed.7. Subsequent to the grant of commencement certificate, the Petitioner approached this Court by filing present civil application seeking...

...subject to certain conditions or to refuse the permission. Under section 45(2), any permission granted under section 45(1) with or without condition shall contain in the commencement certificate in the...prescribed form. The validity period of the prescribed commencement certificate is prescribed in the commencement certificate itself. The Municipal Corporation had issued a part plinth completion...entire project/layout. On 5thJune, 2012, the respondent no.3 granted sanction for the building construction plans and Commencement Certificate to the petitioner in respect of Survey No. 1/1 + 1...

...itself. After a development plan was prepared, the question was a simple one as to whether the commencement certificate could be given without doing any violation to the development plan. The fact that no ...user of their land and for a commencement certificate under s. 12 to construct factory sheds on a part of the land, but their application was rejected by the Executive Engineer, Development Plan. A...Commissioner; he could, under s. 13, grant or refuse a commencement certificate at will, there being nothing to guide him in such a matter before the preparation of a development plan; even after the...

...has commenced without the commencement certificate. The reply of the first Respondent admits such fact.9. The reply brings out that notices have been issued to the builder. We...building which was occupied by the 22 members of the society was constructed some time in 1986-1987 and an Occupation Certificate dated 20 May, 1987 was issued to the then developer. The society...thereafter entered into a development agreement with Respondent No. 3-M/s. Padmavati Developers under an agreement dated 14 December, 2011. The developer constructed the new building without obtaining any...