Bombay High Court
Green Twig Estate Management Pvt Ltd And ... vs Municipal Corporation Of Greter Mumbai ... on 25 February, 2020
Bench: S.J. Kathawalla, R.I. Chagla
Nitin 1 / 3 MNOB-WP-1358-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1358 OF 2016
M/s. Green Twig Estate Management Pvt.Ltd. & Ors. ... Petitioners
Versus
Municipal Corporation of Greater Mumbai & Ors. ... Respondents
Mr.Anuj Desai a/w. Ms.Hetal Vithalani i/b. Ms. Hetal Vithlani for the Petitioners.
Mr.Piyush Raheja a/w. Mr. Jigar Shah i/b. M/s. Markand Gandhi and Company for
Respondent Nos. 6 to 8.
CORAM : S.J. KATHAWALLA, &
R.I. CHAGLA, JJ.
DATE : 25TH FEBRUARY, 2020 P.C. :
1. Not on board. Upon mentioning, taken on board.
2. This Application is for speaking to the Minutes of Order dated 21st November, 2019.
3. The Second sentence of paragraph 2 of the Order shall read as under :
"However, as recorded hereinafter, the Petitioners have suppressed the fact from this Court that in October 2018, they have circulated draft Consent Terms for the purpose of R.A.E. Suit No. 497/815 of 2000 fled by the Petitioners in Small Causes Court against the tenants / occupiers of one of their buildings which they want to redevelop, wherein they have ::: Uploaded on - 29/02/2020 ::: Downloaded on - 11/06/2020 20:08:49 ::: Nitin 2 / 3 MNOB-WP-1358-2016.doc agreed to provide alternate accommodation to the said tenants / occupants in the subject building, which belies the allegations made by them in the Writ Petition dated 4th April, 2016 that the subject building is in ruinous and dilapidated state."
4. Paragraph 13 of the said order shall read as under :
"13. At the time of the hearing of the Writ Petition, certain documents are produced before us by the Advocate for Respondent Nos.6 to 8, which exposes the malafde conduct of the Petitioners. It shows how the Petitioners have made incorrect statements on oath in the Writ Petition and have suppressed relevant facts from this Court. The Advocate for the Respondent Nos.6 to 8 has tendered in Court, a copy of the draft Consent Terms dated October 2018, to be executed by the very same Petitioners with Neelkumar Gupta and others, occupants of building No.35 of the same Kirti Chambers, wherein the Petitioners have agreed to provide alternate accommodation in the subject building to the Defendants therein, pending redevelopment of Building No.35 i.e. in building No.37 in Kirti Chambers, which building according to the Petitioners as alleged in the present Petition fled two years prior to the exchange of the draft Consent Terms, is in ruinous condition and needs to be pulled down, failing which it will cause great damage to the lives and limb of the occupants and the persons passing by the said building. Paragraph 7 of the said Consent Terms is reproduced hereunder :-
"7. From the date of Defendant No.1 vacating existing ::: Uploaded on - 29/02/2020 ::: Downloaded on - 11/06/2020 20:08:49 ::: Nitin 3 / 3 MNOB-WP-1358-2016.doc tenement for demolition till Defendant No.1 is ofered possession of permanent alternate accommodation in the proposed redevelopment of ....... square foot at frst foor at building No.37, Ambalal Doshi Marg, Fort, Mumbai 400 023 and the Plaintif agrees and undertakes to obtain appropriate approval of MCGM in that behalf. Said transit accommodation shall be free of costs/rent subject to payment of electricity charges and property taxes."
5. Necessary corrections be carried out in the original order dated 21st November, 2019 and the modifed order be uploaded.
6. The Application for speaking to the Minutes of Order dated 21st November, 2019 is accordingly disposed of.
(R.I. CHAGLA, J. ) ( S.J. KATHAWALLA, J. )
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