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Supreme Court - Daily Orders

Municipal Corporation Of Gr. Mumbai vs M/S. Vimal Builders . on 22 July, 2016

Bench: Jagdish Singh Khehar, Arun Mishra

                                                                                            1

     ITEM NO.35                             COURT NO.3                    SECTION IX

                               S U P R E M E C O U R T O F          I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                   No(s).    16776/2016

     (Arising out of impugned final judgment and order dated                      07/04/2016
     in WP No. 3335/2015 passed by the High Court Of Bombay)

     MUNICIPAL CORPORATION OF GR. MUMBAI AND ORS.                          Petitioner(s)

                                                     VERSUS

     M/S. VIMAL BUILDERS AND ORS.                                          Respondent(s)
     (with interim relief and office report)

     Date : 22/07/2016 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                         HON'BLE MR. JUSTICE ARUN MISHRA


     For Petitioner(s)               Dr.   A.M. Singhvi, Sr. Adv.
                                     Mr.   Shyam Divan, Sr. Adv.
                                     Mr.   Joaquim Reis, Sr. Adv.
                                     Mr.   P.V. Naik, Adv.
                                     Mr.   S. Sukumaran, Adv.
                                     Mr.   J. Xavier, Adv.
                                     Mr.   Anand Sukumasr, Adv.
                                     Mr.   Bhupesh Kumar Pathak, Adv.
                                     for   Ms. Meera Mathur,AOR

     For Respondent(s)               Mr.   Harish N. Salve, Sr. Adv.
                                     Mr.   Kunal Vajani, Adv.
                                     Mr.   Abhishek Prasad, Adv.
                                     Mr.   Nitesh Ranavat, Adv.
                                     for   Ms. Bindi Girish Dave,AOR

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Having perused the impugned order, we find no justification whatsoever to interfere therewith, in exercise of our Signature Not Verified jurisdiction under Article 136 of the Constitution of India. Digitally signed by PARVEEN KUMAR Date: 2016.07.25 17:46:21 IST Reason:

However, we agree with the learned counsel for the petitioners, that the directions contained in paragraph 3 need to 2 be clarified. It is accordingly clarified, that, in the first instance, the Municipal Corporation of Greater Mumbai will carry out scrutiny and verification, whether the occupants are entitled to the benefit of a scheme/project, implementation whereof has been sought by the petitioners before the High Court. Upon the Corporation taking a decision on the matter, the other directions will follow, subject to the Corporation's decision.

With the aforesaid clarification, the special leave petition is disposed of.

(Renuka Sadana)                              (Parveen Kumar)
 Court Master                                   AR-cum-PS