Dismissed

M/S. S. B. Associates Promoters, Builders and Developers through Its Partner and Anr. v. Pradeep Vithal Girme

Bombay HC25 Feb 2019CAI/125/2017

Case brief

AI extract

What is this about?

This order records the hearing of Civil Applications filed in connection with three Public Interest Litigations seeking modification of an order passed on 21st April, 2014. The Court noted the submissions of the applicants and the opposition by original petitioners. The applications were rejected as no case was made out for modification.

What did the court decide?

Rejection of Civil Applications No. 125, 126, and 127 of 2017 seeking modification of the order dated 21st April, 2014.

M/S. S. B. Associates Promoters… — Constitutional and Fundamental Rights | Bombay HC (2019)

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1/4 7cai 125.17.126.127.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.125 OF 2017 IN

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PUBLIC INTEREST LITIGATION NO.20 of 2011

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M/s. S.B.Associates

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... Applicants

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In the matter between

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Pradeep Vithal Girme … Petitioner V/s. ... Saswad Municipal Council & ors. Respondents

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WITH

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CIVIL APPLICATION NO.126 OF 2017 IN

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PUBLIC INTEREST LITIGATION NO. 162 of 2013

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M/s. S.P. Associates ... Applicants

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In the matter between

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Pradeep Vithal Girme … Petitioner V/s. ... Saswad Municipal Council & ors. Respondents

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WITH CIVIL APPLICATION NO.127 OF 2017 IN

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PUBLIC INTEREST LITIGATION NO. 181 of 2010

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2/4 7cai 125.17.126.127.doc

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Mr. Vasant Asalchand Solanki & anr. ... Applicants In the matter between Subhash Dattatraya Saste & ors. … Petitioners V/s. State of Maharashtra & ors ... Respondents

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Mr.P.B.Shah i/b. Mr.K.P.Shah for applicants in all applications.

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Mr. U.P.Warunjikar for original petitioner in PIL 181/2010. Mr. Nitesh V. Bhutekar for original petitioner in PIL 20/11 and 162/13.

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Mr. Shriram Kulkarni a/w. Advocate Devidas Jadhav for Corporation. Mr. M.M. Pabale, AGP for the State.

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CORAM :NARESH H. PATIL, C.J. & N.M. JAMDAR, J.

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25th February, 2019.

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P.C.

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The learned Counsel appearing for the Saswad Municipal Council submits that noticing the serious lapses at the relevant time, the intimation was given to Urban Development Department of the

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3/4 7cai 125.17.126.127.doc

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State Government in respect of role of the then Chief Officer. So far the Counsel has not been instructed to make any statement as to whether further steps/action was taken in respect of the subject matter concerning the officers who were involved in the process to grant certificates like Commencement and any other orders and permissions.

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The learned AGP shall also take instructions.

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The present applications are filed seeking modification/vacation of the order passed by this Court dated 21^st April, 2014 passed by this Court in respective Public Interest Litigations.

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The learned Counsel appearing for applicants submitted that after getting permission from the Municipal Council, construction was carried out on the land which was reserved. 14 buildings were constructed and third party rights were created in all buildings except two. The Counsel further submits that as the reservations have now been lifted, the interim relief can be modified so that applicants/developers can take further steps of selling the property.

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The Counsel appearing for original petitioners has opposed such a relief . In case such a relief is granted, according to Counsel the petitions would become infructuous. A reasoned order has been passed

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4/4 7cai 125.17.126.127.doc

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by this Court and petitions have been admitted.

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The learned Counsel for the applicants further submits that the earlier regularisation application was rejected and a fresh application for regularisation would be filed. We do not express any opinion on the same.

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No case is made out to modify the order dated 21^st April, 2014. The Civil Applications are rejected.

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N.M. JAMDAR, J CHIEF JUSTICE

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L.S. Panjwani, P.S.

M/S. S. B. Associates Promoters, Builders and Developers through Its Partner and Anr. v. Pradeep Vithal Girme

Case brief

What is this about?

What did the court decide?

M/S. S. B. Associates Promoters, Builders and Developers through Its Partner and Anr. v. Pradeep Vithal Girme

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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