This is a consent judgment disposing of a writ petition by recording minutes signed by all parties, with a minor clerical amendment to Clause 6 regarding an application deadline.
Writ petition disposed of based on consent minutes records with a clerical amendment to Clause 6; legal issues left open.
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.
914-OSWP-2009-2018.DOC
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2009 OF 2018
BHALCHANDRA GOPAL DUSANE
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2022.04.04 15:41:36 +0530
Perviz Land Developers Private Limited & Anr …Petitioners
Versus
State of Maharashtra & Ors…Respondents
…Respondents
Mr Sanjay Jain,with Ishwar Nankani, Huzefa Khokhawala and
Taniya Dsouza i/b Nanakani Associates for the Petitioners.
Mr AA Kumbhakoni, Advocate General, with Akshay Shinde ‘B’
Panel Counsel and Hemant Haryan, AGP for State.
Mr Raghav Gupta, with Tereesa Ann Benny i/b Wadia Ghandy &
Co for Respondent Nos. 4, 5, 7, 8 & 9.
CORAMG.S. Patel &
Madhav J. Jamdar, JJ.
DATED:1st April 2022
PC:-
1.There are Consent Minutes of the Order between the
Petitioners and Respondent No. 4 Trust. Respondent Nos. 5 to 9 are
its Trustees. Respondent No. 6 has passed away. Obviously, the
State Government and its authorities will not be parties to the
Consent Minutes of the Order.
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1st April 2022
914-OSWP-2009-2018.DOC
2. We have seen the Consent Minutes of the Order tendered by Mr Jain. These are signed by the Advocates for the Petitioners and Advocates for Respondent Nos. 4 to 9.
3. We believe these are in order. The only change that is
required to be made is in Clause 6 where the application referred to
therein (to be made by Respondent No.4 Trust) is to be decided by
Respondent No.3 or the competent authority no later than within
three months from the date of the application (not from today’s date
as inadvertently stated therein).
4. The Writ Petition is disposed of with an order in terms of Consent Minutes of the Order, tendered taken on record and marked ‘J-1’ for identification with today’s date.
5. The legal issue is left open for an appropriate proceedings.
(Madhav J. Jamdar, J)
(G. S. Patel, J)
Page 2 of 2
1st April 2022
Perviz Land Developers Private Limited & Anr
State of Maharashtra & Ors
G. S. Patel
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court