The High Court of Bombay disposed of a Notice of Motion filed to modify an interim order. The Court accepted an undertaking by the developer to maintain and slightly increase the area for recreation/playgrounds, albeit in a different location, without reducing the total reservation.
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.
NM3-13.sxw
jp chavan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3 OF 2013 IN
WRIT PETITION NO. 1152 OF 2002
City Space and others ... Petitioners Versus The State of Maharashtra and others … Respondents And:
M/s Suranjan Holding & Estates Dev. P. Ltd. … Respondents
Mr. Kunal Parekh i/by M/s Thakore Jariwala & Associates for the petitioners
Mr. G. D. Uttangale with Mr. B. V. Phadnis for the Respondent SRA Mr. Mukul Taly a/w Ms. Mallika Taly, Mr. Shaikh Yusuf Ali i/by S. Mahomadbhai & Co. for the applicant
Mr. Percy Chowdhry, the applicant present in person.
CORAM : MOHIT S. SHAH, C.J. AND ANOOP V. MOHTA, J. DATE : 12 February 2013.
P.C.
“3. adjourned for four weeks. In the meantime, until further orders, no new rehabilitation scheme be sanctioned without the permission of this court in respect of the open spaces which are reserved for gardens, parks, playgrounds, recreational spaces, maidans, no development zones, pavements, roads and carriage ways.”
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NM3-13.sxw
CHIEF JUSTICE
(ANOOP V. MOHTA, J.)
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City Space and others
M/s Suranjan Holding & Estates Dev. P. Ltd.
The State of Maharashtra and others
Mohit S. Shah
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
