Bombay High Court
Rashmin Girdharlal Rughani vs Earth And 5 Ors on 3 May, 2023
Author: Gauri Godse
Bench: R. D. Dhanuka, Gauri Godse
2023:BHC-OS:4040-DB
KVM
1/6
910 - IAL 11704 OF 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 11704 OF 2023
IN
PUBLIC INTEREST LITIGATION NO. 10 OF 2021
Rashmin Girdharlal Rughani ..... Applicant
IN THE MATTER BETWEEN
Earth & Ors. ..... Petitioners
VERSUS
Slum Rehabilitation Authority & Ors. ..... Respondents
Mr.Pravin Samdani, Senior Advocate a/w. Mr.Amogh Singh, Ms.Sneha
Patil, Mr.Amish Gandhi, i/b. M/s.Maniar Srivastava Associates for the
Appellant.
Mr.Sukand Kulkarni a/w. Mr.Aniket Mokashi, i/b. Mr.Amit Karkhanis
for the Petitioners.
Dr.Milind M.Sathe, Senior Advocate a/w. Ms.Aparna D.Vhatkar for the
Respondent No.1.
Mr.S.B.Gore, A.G.P. a/w. Mr.Kedar Dighe, A.G.P. for the State -
Respondent No.2.
Mr.Nitesh Menon a/w. Ms.Simran Nagi, i/b. M/s.Divya Shah
Associates for the Respondent No.4.
CORAM: R. D. DHANUKA AND
GAURI GODSE, JJ.
DATE : 3RD MAY, 2023 P.C:-
By this Interim Application, the Applicant seeks clarification that the pendency of the Public Interest Litigation No. 10 of 2021 is not an ::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 03:27:56 ::: KVM 2/6 910 - IAL 11704 OF 2023.doc impediment in processing the SR Scheme being implemented by the Applicant and direct the Respondent No.1 to process the application of the Applicant for implementation of the SR Scheme in accordance with law.
2. Insofar as prayer clause (a) is concerned, Mr.Samdani, learned senior counsel for the Applicant states that since the Applicant is not impleaded as a party Respondent to the Public Interest Litigation No. 10 of 2021 though the plot of the Petitioners is mentioned at Serial No.45 of Ex.B and Serial No.31 of Ex.O to the Public Interest Litigation, the Applicant does not press prayer clause (a) at this stage. He states that as and when the Applicant is impleaded as a party Respondent in the said Public Interest Litigation and if any specific prayer is sought against the Applicant in respect of the said plot setout at Serial No.45 of Ex.B and Serial No.31 of Ex.O to the Public Interest Litigation, the Applicant reserves its right to file separate application for appropriate relief.
3. Insofar as prayer clause (b) of the Interim Application is concerned, learned senior counsel invited our attention to some of the ::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 03:27:56 ::: KVM 3/6 910 - IAL 11704 OF 2023.doc averments made in the Public Interest Litigation and also letter dated 20th March, 2023 from Slum Rehabilitation Authority to the Petitioners and submitted that the proposal submitted by the Applicant under Regulation 33(14)D of the Development Control Regulations for Greater Mumbai, 1991 is pending before the Slum Rehabilitation Authority and is not processed and no approval is granted only on the ground that the Public Interest Litigation No.10 of 2021 filed by Mr.Pravin Narayan Kalme, the President of Earth, an NGO is pending. The Applicant is also advised to approach this Court for directions if any by the Executive Engineer, P/N Slum Rehabilitation Authority.
4. Learned senior counsel for the Applicant submitted that since the proposal submitted by the Applicant is not yet processed, the question of any violation of any FSI or any other provisions of Development Control Regulation as sought to be alleged generally in the Public Interest Litigation are ex-facie not applicable to the Applicant.
5. In our view, there is substance in the submissions made by the learned senior counsel. Since the proposal of the Petitioners is still pending, the question of violation of any FSI or any other provisions of ::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 03:27:56 ::: KVM 4/6 910 - IAL 11704 OF 2023.doc law would not arise.
6. Learned senior counsel also invited our attention to the communication dated 22nd November, 2022 from the Slum Rehabilitation Authority to the Applicant thereby directing the Applicant to submit the proposal for grant of LOI within three months from the date of receipt of the said letter. He submitted that in pursuance of the said communication dated 22nd November, 2022, the Applicant has filed an application for LOI through his architect Mr.Vishwas Satodia on 8th December, 2022.
7. It is thus clear beyond reasonable doubt that the proposal submitted by the Applicant is not processed by Slum Rehabilitation Authority only on the ground of pendency of the Public Interest Litigation No. 10 of 2021 in which the plot of the Applicant is one of the plot mentioned in the annexures annexed to the said Public Interest Litigation. Admittedly, the Applicant is not even a party to the said Public Interest Litigation.
8. In our view, the Slum Rehabilitation Authority cannot refuse to ::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 03:27:56 ::: KVM 5/6 910 - IAL 11704 OF 2023.doc process the application or proposal submitted by the Applicant for development of the said plot merely on the ground that the Public Interest Litigation No.10 of 2021 filed by the Petitioners is still pending. There is no injunction granted by this Court in the said Public Interest Litigation insofar as the plot in question is concerned.
9. We accordingly direct the Slum Rehabilitation Authority to process the application or the proposal submitted by the Applicant on its own merits and in accordance with law.
10. It is made clear that the pendency of Public Interest Litigation No.10 of 2021 will not be an impediment to process the application or the plan submitted by the Applicant before the Slum Rehabilitation Authority.
11. Interim Application is accordingly made absolute in terms of prayer clause (b).
12. Insofar as prayer clause (a) is concerned, the Applicant would have liberty to file separate Interim Application in case the Applicant is ::: Uploaded on - 06/05/2023 ::: Downloaded on - 07/05/2023 03:27:56 ::: KVM 6/6 910 - IAL 11704 OF 2023.doc implemented as a party Respondent in the said Public Interest Litigation No.10 of 2021 and if any specific prayer is sought against the Applicant.
[GAURI GODSE, J.] [R. D. DHANUKA, J.]
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