Bombay High Court
Kirit Somaiya vs Municipal Corporation Of Greater ... on 30 January, 2024
Author: G.S. Patel
Bench: G.S. Patel
905-906-OSWPL-8973-2023+.DOC
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 8973 OF 2023
Pratima Ramsevak Yadav ...Petitioner
Versus
Slum Rehabilitation Authority ...Respondent
WITH
WRIT PETITION (L) NO. 31340 OF 2023
Gangadhar Narayan Gurav ...Petitioner
Versus
State of Maharashtra ...Respondent
WITH
PUBLIC INTEREST LITIGATION (L) NO. 32725 OF 2023
Kirit Somaiya ...Petitioner
Versus
Municipal Corporation of Greater Mumbai ...Respondent
WITH
PUBLIC INTEREST LITIGATION (L) NO. 32984 OF 2023
Sagara Kantilal Devre ...Petitioner
Versus
State of Maharashtra ...Respondent
WITH
INTERIM APPLICATION (L) NO. 338 OF 2024
Digitally
signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2024.01.30 Page 1 of 6
17:44:55
+0530
30th January 2024
::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 :::
905-906-OSWPL-8973-2023+.DOC
East Pune Realty LLP & Anr ...Applicants
In the matter between
Sagar Kantilal Devre ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
Ms Gulnar Mistry, with Santosh Gupte i/b Divya Parab, for the
Petitioner in WP(L)/8973/2023.
Mr Rakesh Agarwal, with Aarti Dharamsy i/b Shivaji Nirmale, for
the Petitioner in WP(L)/31340/2023.
Mr Mayur Khandeparkar, with Simantini Mohite, for the Respondent
in both Writ Petitions.
Mr PG Lad, with Sayli Apte, for the Respondent-MHADA in both Writ
Petitions.
Mr GS Hegde, Senior Advocate, i/b PM Bhansali, for the
Respondent-MMRDA.
Dr BG Saraf, Advocate General, with Uma Palsuledesai, AGP, for
the Respondent-State in WP(L)/8973/2023.
Mr Vishal Thadani, Addl GP, for the Respondent-State in
WP(L)/31340/2023.
Mr Mukesh Vashi, Senior Advocate, with Aditya Bhatt, Parth
Turkhia, for the Petitioner in PIL(L)/32725/2023.
Mr Vivek Shukla, Bushra Sayyed i/b Pragya Mishra, for the Petitioner
in PIL(L)/32984/2023.
Mr Aspi Chinoy, Senior Advocate, with Joel Carlos, Oorja Dhond
i/b SK Sonawane, for the Respondent-MCGM in
PIL(L)/32725/2023.
Dr B Saraf, Advocate General, with Jyoti Chavan, GP, for the
Respondent-State in both PILs.
Mr Vishwanath Patil, for Respondent No 5 (MPCB) in
PIL(L)/32984/2023.
Mr GS Hegde, Senior Advocate, with PM Bhansali, for the
Respondent-MMRDA.
Mr Jagdish G Reddy, for Respondent No 6 in PIL(L)/32984/2023
and Respondent No 10 in PIL(L)/32725/2024.
Mr GS Godbole, Senior Advocate, with Sumit Kothari, Kaustubh
Page 2 of 6
30th January 2024
::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 :::
905-906-OSWPL-8973-2023+.DOC
Thipsay, for Respondent Nos 12 & 13 in PIL(L)/32725/2023 and
for the Applicant in IA(L)/338/2024 In PIL(L)/32984/2023.
Dr Milind Sathe, Senior Advocate, i/b Gurudeep Singh Sahar, for
Respondent No 5 in WP(L)/32725/2023.
Mr Janak Dwarkadas, Senior Advocate, i/b Ishan Srivastava, for
Respondent No 14 inPIL(L)/32725/2023.
Ms Rutuja Patil, with Yohaan Shah, Hasan M i/b Negandhi Shah &
Himaytullah for Respondent No 16 in PIL(L)/32725/2023.
Mr Ankur Shah, i/b Nishank Barolia, for Respondent No 17 in
PIL(L)/32725/2023.
Mr PG Lad, with Sayli Apte, for Respondent-MHADA.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 30th January 2024 PC:-
1. In Writ Petition (L) No 8973 of 2023 we passed an order on 3rd November 2023. That inter alia is related to the question of the allotment of Project Affected Person ("PAP") tenements. We identified that there was a problem in the allotment of PAP tenements to various public authorities whose development works were generating a need for such tenements. These we distinguished from slum rehab tenements. We identified that demands for PAP tenements came from Municipal Corporation of Greater Mumbai ("MCGM"), Maharashtra Housing and Area Development Authority ("MHADA"), the Mumbai Metropolitan Region Development Authority ("MMRDA"), and there could be other authorities as well.
2. Public Interest Litigation (L) No 32725 of 2023 and Public Interest Litigation (L) No 32984 of 2023 came up before the First Page 3 of 6 30th January 2024 ::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 ::: 905-906-OSWPL-8973-2023+.DOC Court on 24th January 2024. They apparently also raised an issue regarding the demand by the MCGM for the construction of PAP tenements as part of development projects, this demand being made of various private builders.
3. The First Court assigned the Public Interest Litigation ("PIL") to this Court. They were to be listed today along with Writ Petition (L) No 8973 of 2023.
4. We are told that there is yet another PIL (L) No 25004 of 2022 (Tushar Mahadeo Kadam & Ors v State of Maharashtra & Ors). It is still on a lodging number since 2022. It has never been moved. Appropriate directions will have to be obtained on the administrative side.
5. Today a few routine directions are necessary.
6. To begin with, we pointed out that given the appearance of one of the advocates on record in PIL (L) No 32725 of 2023 for Respondent No 16, this Bench would presently not be able to take up the PIL. However, before us all agreed that there was no objection to this Bench taking the PIL. We note this.
7. Mr Vashi appears for Mr Kirit Somaiya, the sole Petitioner in PIL (L) No 32725 of 2023. There are several developers who are joined. Mr Godbole appears for Respondent Nos 12 and 13. There are Affidavits-in-Reply that have been filed by Respondent No 13. But before we permit the filing of that Affidavit, we note that Mr Page 4 of 6 30th January 2024 ::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 ::: 905-906-OSWPL-8973-2023+.DOC Vashi has a proposed amendment. He says it is in two parts. But he has only the first part with him today. Nobody has seen the second part. We are unable to grant that kind of an amendment in a matter such as this unless the entire amendment is before us. Mr Vashi states that copies of the proposed amendment will be circulated to the Advocates for all the Respondents in the course of the day and the proposed amendments will be shown to the Court tomorrow. We make it clear that we are not going to permit constant amendments. There has to be some finality to this. Merely saying these are PILs does not mean that they are completely divorced from the regular rules of procedure that apply to Writ Petitions and other filings. A PIL only expands the matter of locus of the PIL Petitioner. It does not exempt PIL Petitioners from adhering to the regular rules. We are not going to permit further amendments again and again. The individuals' case brought by Ms Mistry in Writ Petition (L) No 8973 of 2023 is in danger of being inundated (and that is curiously appropriate given that she complains of nala widening) by these PILs.
8. We will list both PILs and Writ Petition (L) No 8973 of 2023 tomorrow for further directions including the filing of Affidavits by the MCGM, Slum Rehabilitation Authority ("SRA"), State Government and other individual developer Respondents.
9. Pursuant to our 3rd November 2023 order in Writ Petition (L) No 8973 of 2023, Dr Saraf for the State Government has submitted a report. So far it is in sealed cover. We are making no directions in that regard today, and we will defer that till tomorrow Page 5 of 6 30th January 2024 ::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 ::: 905-906-OSWPL-8973-2023+.DOC but we see no reason why we should accept anything in 'sealed cover' if it directly touches upon the questions that we have openly set out in our order of 3rd November 2023. If the report addresses questions of wider public importance, obviously, others should be entitled to see it and comment on it. We have already held more than once our disapproval of the sealed cover procedure. Exemptions from disclosure must be shown to fall within the Evidence Act.
10. We notice that both PILs of 2023 are yet on a lodging number. That is unacceptable to us for reasons that we have set out in our notice published today. We expect that these objections will be removed and all these matters will to be finally numbered not necessarily by tomorrow but before the next date to which we post the matters.
11. List the matters tomorrow, 31st January 2024 along with all Interim Applications, if any.
PUBLIC INTEREST LITIGATION (L) NO. 25004 of 2022
12. Subject to administrative orders being obtained, list the matter on 31st January 2024 along with other connected matters.
(Kamal Khata, J) (G. S. Patel, J) Page 6 of 6 30th January 2024 ::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 04:25:48 :::