Disposed

Vivek Singh and Ors. v. Union of India through Ministry of Railway and Ors.

Bombay HC12 Dec 2024WP/17980/2024

Case brief

AI extract

What is this about?

Writ petition by landowners alleging Railway Authorities were usurping their land and constructing on it. Court recorded counsel's statement that no construction is being done on Survey No. 118 as an undertaking, permitted an amendment, and directed the Railways to file an affidavit in reply disclosing which survey numbers are under construction.

What the court decided

AI extract

Vivek Singh and Ors. vs Union of India through Ministry of… — Property and Title | Bombay HC (2024)

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501.wp.17980.24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17980 OF 2024

Vivek Singh & Ors

.. Petitioners

Versus

Union of India & Ors

.. Respondents

Ms.Ferzana Behramkamdin , with Ms.Bharti Bhansali, Ms.Rupa S. i/b FZB & Associates, Advocates for the Petitione rs.

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Mr.Suresh Kumar , Advocates for the Respondent/Railway Authority.

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Digitally signed ANJALI by ANJALITUSHAR TUSHAR ASWALE ASWALE Date: 2024.12.1616:16:06 +0530

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Mr.Hari Shanker Singh Kushwaha s/o Shri Mahadeo Singh, Senior Section Engineer (Works) Borivali (E) is present in Court.

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CORAM: B. P. COLABAWALLA &

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SOMASEKHAR SUNDARESAN, JJ. DATE: DECEMBER 13, 2024

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P. C.

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At the outset, Ms.Behramkamdin, the learned counsel appearing on behalf of the Petitioners tenders a draft amendment to the above Writ Petition to bring on record certain subsequent developments which happened on 11^th December 2024.

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Considering this is a pre-admission amendment and the amendment seeks to bring on record certain facts which occurred after the

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Page 1 of 3 DECEMBER 13, 2024

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Aswale

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501.wp.17980.24.doc

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filing of the Petition, the draft amendment tendered today is taken on record and marked “X” for identification. The Petitioners are permitted to amend the above Writ Petition in terms of the draft handed in within a period of one week from today.

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The above Writ Petition is urgently moved because, according to the Petitioners, the Respondent- Railway Authorities are usurping the land of the Petitioners and are carrying on construction thereon. Mr.Suresh Kumar, the learned counsel appearing on behalf of the Railway Authorities, on instructions, states that no construction activity is being done by the Railway Authorities on Survey No.118 and which belongs to the Petitioners.

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We accept the said statement as an undertaking given to the Court. The Railway Authorities are now directed to file their affidavit in reply to the above Petition as amended. In the affidavit in reply, they shall also disclose to the Court on which Survey Numbers they are carrying their construction.

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Place the above Writ Petition on Board on 14^th January 2025.

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Page 2 of 3 DECEMBER 13, 2024

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Aswale

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501.wp.17980.24.doc

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]

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Page 3 of 3 DECEMBER 13, 2024

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Aswale

Vivek Singh and Ors. v. Union of India through Ministry of Railway and Ors.

Case brief

What is this about?

What the court decided

Vivek Singh and Ors. v. Union of India through Ministry of Railway and Ors.

Case brief

What is this about?

What the court decided

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