This notice of motion concerns alleged violations of a Kolkata High Court order regarding a developer's compliance with playground reservation and development conditions. The court recorded statements of parties and disposed of the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 326 OF 2011 IN
WRIT PETITION NO. 1152 OF 2002 City Space & Ors. ..Petitioners. Versus State of Maharashtra and Others. ..Respondents. AND Devraj Ratanchant Pagaria & Anr. ..Applicants.
Mr. S.B.Pawar with Swati Sawant i/b SK Legal Associates for the applicants.
Ms. Madhubala Kajle, AGP for Respondent-State. Ms. S.M.Modle for BMC. Mr. G.D.Uttangale for SRA. Mr. P.S.Dani with Mr. M.J.Pawar for R-4.
Mr. Gautam Patil with Z.A.Jariwala i/b M/s. Thakore Jariwala Associates for the petitioners.
Mr. E.M.Dondalkar, Sub-Engineer,SRA is present.
Coram : MOHIT S. SHAH, C.J. & RANJIT MORE, J. Date : January 31, 2012 .
P. C. :
April 2009 and particularly the violation of following clause in
the minutes of order dated 29th April 2009.
“(iii) Before grant of commencement certificate for the
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permissible built up area in lieu of plot area under play ground reservation and before granting commencement for construction of last 25% sale built area for the project, the boundary of the D.P. play ground plot shall be demarcated, cleared of all the encroachment, developed and provided with compound wall around the same with proper gate opening to public access and handed over the same to the Corporation/appropriate authority in developing the DP Playground Plot, the following shall be ensured :
(a) Spatial fencing of the complete playground e.g. Oval Maidan.
(b) Installation of lockable gates. (c) Planting of trees and turf.”
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therefore respondent no.4 has not made any definite statement. But respondent no.4 definitely states that construction has not yet reached the stage of putting any construction on last 25% of the land allotted to respondent no.4 for constructing free-sale component. It is submitted that four rehabilitation buildings are ready and respondent no.4 is in the process of shifting the hutment dwellers covered by the scheme to the rehabilitation buildings which are already constructed and which are in the process of construction.
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dated 29th April 2009.
[CHIEF JUSTICE]
[RANJIT MORE, J.]
City Space & Ors.
State of Maharashtra
Devraj Ratanchant Pagaria & Anr.
MOHIT S. SHAH
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
