Allowed change of paper to permit amendment of writ petition to include heritage sites, directing parties to amend, file reply, and refile within specified timelines.
Chamber summons allowed; petition to be amended within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.135 OF 2008
IN
WRIT PETITION NO. 1650 OF 2005
Indian National Trust For Arts
and Cultural Heritage & Ors. .. Petitioners.
vs.
State of Maharashtra
& Ors. .. Respondents.
Mr. Sheeraj Rustamjee witsh Kedar Dighe
for Petitioners.
Mr. D.A. Nalawade, G.P. for Respondent nos. 1 & 6.
Mr. K.K. Singhavi, Sr. adv., with Ms. A.K. Savla
for Respondent/BMC.
Mr. Gopal Subramaniam, Sr. Adv. with Ms. M.H. Doshi
R. Basant, Ms. Sunita Rao, Arpan Sarkar
& Kaushal Mor i/by Paras Kuhad & Asso.,
for Respondent No. 8.
Ms. M.H. Doshi for Respondent NO. 7.
Mr. M.G. Salian i/by Federal & Rashmikant
for Respondent No. 19.
Mr. E.P. Bharucha, Sr. Adv. i/by Federal
Rashmikant for Respondent No. 22.
Mr. Ajay Fernandes i/by Kanga & Co. for
Respondent Nos. 24 & 27.
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CORAM: J.N. PATEL, &
K.K. TATED, JJ.
DATE: 8TH AUGUST, 2008.
P.C.
. Heard.
2. By this chamber summons, the petitioners seek
to amend the petition as per the schedule annexed to
the chamber summons in order to include certain sites
and precincts which have been notified as heritage.
3. Though the chamber summons is formally objected
by the learned counsel appearing for the respondents,
we are of the view that in order to avoid multiplicity
of proceedings the amendment will have to be allowed.
The respondents who are affected by the amendment will
get sufficient opportunity to contest the matter.
Therefore, no prejudice would be caused to them.
Therefore, we are allowing the chamber summons. The
chamber summons is made absolute in terms of prayer
clause (a). Necessary amendment to be carried out
within two weeks. Amended copy of the petition be
served on all the respondents. On such amended copy of
the petition being served on the respondents, the
respondents to file their affidavit in reply within
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four weeks thereafter by giving copies of their
affidavit in reply to the counsel for the petitioners
at least a week in advance. In case the petitioners
want to file any affidavit in rejoinder, they may do so
within two weeks. Petition to be listed on 10.10.2008.
4. We expect the parties to complete their
pleadings in all respects so that the Court can take up
the matter on case to case basis and pass appropriate
orders after hearing the learned counsel for the
parties.
(J.N. Patel, J.)
(K.K. Tated J.)
Indian National Trust For Arts & Cultural Heritage
State of Maharashtra
J.N. Patel
K.K. Tated
As recorded by the court registry
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