Dismissed
Baliram Shankar Thorat v. Mumbai Metropolitan Regional Development Authority and 5 Ors.
Bombay HCWP/71/2015
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from the order text
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IN THE HIGH COURT
What the court decided
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WP 71-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 71 OF 2015
Baliram Shankar Thorat V/s Mumbai Metropolitan Regional Development Authority & Ors.
.. Petitioner
.. Respondents
Ms. Hina Ansari i/b Mr. Sughandh Deshmukh for the petitioner. Mr. B. Nayak i/b Ms. Chitra Phadane for MMRDA. Mr. J.G. Reddy for respondent no.4.
Mr. Dushyant Kumar, AGP for respondent nos.2, 5 and 6.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 19th DECEMBER 2016
P.C.:
Initially the writ petition was filed challenging the validity of section 17 of the Mumbai Metropolitan Region Development Authority Act, 1974 (MMRDA Act). During the pendency of the petition, the petitioner died and L.Rs. of the petitioner could not have been brought on record. Till today, in spite of the directions, such amendment is not made to the writ petition.
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ABS
WP 71-2015
the present writ petition need not be kept pending for that matter. We make it clear that the legal representatives of the deceased petitioner, if they intend to challenge section 17 of the MMRDA Act and similar other challenges made in the writ petition, they are at liberty to file fresh petition.
(M.S. SONAK, J.) CHIEF JUSTICE
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ABS
1 issue framed by the court
Whether the writ petition challenging the validity of section 17 of the MMRDA Act can be maintained after the death of the petitioner?
1 provisions across 1 enactments
Baliram Shankar Thorat
Mumbai Metropolitan Regional Development Authority
Dr. Manjula Chellur
M.S. Sonak
As recorded by the court registry
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