Bombay High Court
Kirit Somaiya vs Municipal Corporation Of Greater ... on 31 January, 2024
Author: G.S. Patel
Bench: G.S. Patel
902-903-OSWPL-8973-2023+.DOC
Arun
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 SRA ...Respondent
WITH
WRIT PETITION (L) NO. 31340 OF 2023
Gangadhar Narayan Gurav ...Petitioner
Versus
The State of Maharashtra Through Chief ...Respondent
Secretary
WITH
PUBLIC INTEREST LITIGATION (L) NO. 32725 OF 2023
ARUN
Kirit Somaiya ...Petitioner
RAMCHANDRA
SANKPAL Versus
Digitally signed
Municipal Corporation of Greater Mumbai & Ors ...Respondents
by ARUN
RAMCHANDRA
SANKPAL
Date: 2024.01.31
18:09:12 +0530 WITH
PUBLIC INTEREST LITIGATION (L) NO. 25004 OF 2022
Tushar Mahdeo Kadam ...Petitioner
Versus
State of Maharashtra & Ors ...Respondents
WITH
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902-903-OSWPL-8973-2023+.DOC
PUBLIC INTEREST LITIGATION (L) NO. 32984 OF 2023
WITH
INTERIM APPLICATION (L) NO. 338 OF 2024
IN
PUBLIC INTEREST LITIGATION (L) NO. 32984 OF 2023
Sagar Kantilal Devre ...Petitioner
Versus
State of Maharashtra Through Chief Secretary ...Respondent
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 Joel Carlos, with 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.
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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
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: 31st January 2024 PC:-
1. These matters were before us yesterday. At that time Mr Vashi, learned Senior Advocate for the Public Interest Petitioner, Kirit Somaiya, in Public Interest Litigation (L) No. 32725 of 2023 had only part of his proposed amendment. On behalf of Mr Sagar Kantilal Devre, the PIL Petitioner in Public Interest Litigation (L) No. 32984 of 2023, the amendment was not even ready. We stood over these matters to today.
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2. We are shown the amendment in the Kirit Somaiya matter. It is taken on record and marked "X" for identification with today's date. We permit the amendments which are in two parts. The amendments are to be carried out on or before 5th February 2024. Reverification will be required.
3. We also permit the amendment in the second Public Interest Litigation by Mr Devre. That only seeks the addition of two parties. Therefore, we dispense with reverification. The draft amendment is taken on record and marked "X1" for identification with today's date. The amendments are to be carried out on or before 5th February 2024.
4. We note that in neither of the PILs has Mumbai Metropolitan Regional Development Authority ("MMRDA")being made a party. In view of our previous order of 3rd November 2023 in Writ Petition No. (L) No. 8973 of 2023, we believe it is necessary to have the MMRDA be joined as party Respondent in both Public Interest Litigations. We direct that amendment also to be carried on or before 5th February 2024 on the same terms as indicated earlier.
5. Copies of the amended Petitions are to be served on all Respondents including newly added Respondents or their Advocates (as the case may be) no later than by 9th February 2024. Where Affidavits in Reply have not been filed, these are to be filed and served on or before 26th February 2024. Given the nature of the challenges, we do not think that Rejoinders will be of much Page 4 of 6 31st January 2024 ::: Uploaded on - 31/01/2024 ::: Downloaded on - 02/02/2024 04:19:58 ::: 902-903-OSWPL-8973-2023+.DOC assistance. If a Rejoinder is required in any matter, we will see on the next date.
6. In our order previously made on 3rd November 2023 in Writ Petition (L) No. 8973 of 2023 (Pratima Ramsevak Yadav and Ors v Slum Rehabilitation Authority and Ors) we made certain observations. Pursuant to that the State Government constituted a Task Force under the chairmanship of Mr Justice DB Bhosale, former Chief Justice of the Allahabad High Court.
7. Dr Saraf, learned Advocate General, stated that the Report was available. Yesterday it was in Court in seal. Today he states that the Report has been accepted by the State Government for consideration of its recommendations. Consequently, all concerned on all sides are at liberty to take copies of the Report from the Registry against paying payment of the regular copying charges.
8. For the present we list the matters high on board on 29th February 2024 subject to final numbering of these Petitions and Applications. We make it clear that by the next date all Public Interest Litigations, Writ Petitions and Interim Applications are to be finally numbered with all objections removed.
9. This will be on the basis that unless there is some other compelling reason we propose to proceed with these matters on that date and dispose them of as early as possible at the stage of the admission.
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10. We clarify that all issues are kept open including maintainability.
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