This court vacated an ad-interim order preventing construction on land in a writ petition where buildings were already constructed and occupied, holding continuation inappropriate in such circumstances.
The ad-interim order was vacated; newly added respondents joined in Notices of Motion.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.277 OF 2009
IN
WRIT PETITION NO.1400 OF 2004
Shree Mahyawanshi Samaj, Bombay....Petitioner.
vs.
1.State of Maharashtra & ors.
...Respondents.
And
Panchsheet Co-op.Housing Scty.Ltd. ...Applicant
AND
NOTICE OF MOTION NO.300 OF 2009
IN
WRIT PETITION NO.1400 OF 2004
Shree Mahyawanshi Samaj, Bombay....Petitioner.
vs.
1.State of Maharashtra & ors....Respondents.
And
Lokhandwala Shelters India Pvt.Ltd....Applicant
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Mr.R.N.Kachare,for Petitioner.
Mr.F.Devitre, Sr.Advocate i/b. Mr.Anil Rao, for
Applicant in N.M. no.277/09.
Mr.D.D.Madan, Sr.Advocate with Mr.V.R.Dhond &
Mr.D.B.Deokar i/b. P.K.Shroff & Co., for applicant in
N.M.no.300/09.
CORAM: D.K.DESHMUKH &
R.G.KETKAR, JJ.
DATED: 2nd September,2009
P.C.:-
1.On a motion made by the learned Counsel
appearing for petitioner, the petitioner is permitted
to join the applicants in both the notices of motion
as respondents. Petitioner to carry out amendment
within a period of three weeks from today. Newly added
respondents waive service of notice.
2.So far as the question of vacation of the
order is concerned, it is common ground that so far as
C.S.no.1/122 and C.S.no.2/122 are concerned,
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construction and development on this land has already
taken place, buildings are actually standing on the
land and they have also been occupied. In our
opinion, in this situation, it will not be appropriate
to continue the ad-interim order which is granted by
this Court and which is continued, and therefore, the
ad-interim order is vacated. However, any development
on the land in respect of the above referred city
survey numbers and any development which is to be made
hereinafter, shall be subject to the result of the
petition.
Shree Mahyawanshi Samaj, Bombay
State of Maharashtra
Panchsheet Co-op.Housing Scty.Ltd.
Lokhandwala Shelters India Pvt.Ltd.
D.K.DESHMUKH
R.G.KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court