Supreme Court - Daily Orders
Pant Nagar Mahatma Phule Co-Op. Housing ... vs Maharashtra Housing And Area ... on 1 October, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
SLP(C) NO.... D 30817 of 2015
ITEM NO.10 COURT NO.7 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 for Special Leave to Appeal (C) No........./2015
Arising out of Diary No. 30817/2015
(Arising out of impugned final judgment and order dated 11/09/2015
in WP No. 2042/2015 and WPL No. 2605/2015 passed by the High Court
of Judicature at Bombay)
PANT NAGAR MAHATMA PHULE CO-OP.
HOUSING SOCIETY LTD. AND ORS. ETC. Petitioner(s)
VERSUS
MAHARASHTRA HOUSING AND AREA
DEVELOPMENT AUTHORITY AND ORS. ETC. Respondent(s)
(With application for exemption from filing certified as well as
plain copy of the impugned order and exemption from filing Official
Translation and permission to urge new facts and file additional
documents)
Date : 01/10/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Sanjay Parikh, Adv.
Mr. Nitesh Acharya, Adv.
Mr. Sumit Kumar Vats, Adv.
Ms. Ninni Susan Thomas, Adv.
Mr. Pukhrambam Ramesh Kumar, A.O.R.
For Respondent(s) Dr. Rajeev Dhavan, Sr. Adv.
[For Society] Mr. Dilip Annasaheb Taur, A.O.R.
Mr. S.B. Pawar, Adv.
For Developer Mr. Jayant Bhushan, Sr. Adv.
Mr. Amol V. Deshmukh, Adv.
Ms. Kanchan Vohra, Adv.
Mr. S.B. Pawar, Adv.
For MHADA
Signature Not Verified Mr. Shekhar Naphade, Sr. adv.
Digitally signed by
Kalyani Gupta
Mr. Chirag M. Shroff, Adv.
Ms. Swati Vaibhav, Adv.
Date: 2015.10.01
16:36:07 IST
Reason:
Mr. Bhaskar Das, Adv.
UPON hearing counsel the Court made the following
O R D E R
SLP(C) NO.... D 30817 of 2015 Applications seeking exemption from filing certified as well as the plain copy of the impugned order stands disposed of in view of the fact that the same has been filed along with applications seeking permission to file the same. The impugned judgment and order is taken on record and the unregistered application seeking permission to file the same is allowed.
Applications seeking permission to place on record additional facts and documents as well as to raise additional questions of law and urging additional grounds are granted.
Applications seeking exemption from filing official translation of Annexures P3, P8, P9, P13, P14, P16, P18, P27 and P30 is allowed.
Interim order shall remain in operation insofar as the eight petitioners alone in this peittion are concerned and the respective lands which are in their possession as well as stay of costs of Rs. 1,00,000/- (Rupees One lakh). As far as the rest of the area is concerned, it is open to the respondents to proceed with the development. In the meanwhile, we request the High Court to dispose of the S.W.P. No. 1416 of 2015 [Lodging No.] which SLP(C) NO.... D 30817 of 2015 in our view would cover the substantive rights claimed by the petitioners as against the declared Census Slum Area, in particular, the inclusion of the names of the petitioners in Annexure-2. We only request the High Court to dispose of the said writ petition within six months. Whichever Division Bench which may decide the said Writ Petition, shall decide the same on its own merits uninfluenced by whatever stated in the impugned order.
The matters stand adjourned.
[KALYANI GUPTA] [SHARDA KAPOOR]
COURT MASTER COURT MASTER