Supreme Court - Daily Orders
The Municipal Corporation Of Greater ... vs Red Rose Co Operative Housing Society ... on 7 August, 2020
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Miscellaneous Application No(s).1266/2020 in Civil Appeal
No.1658/2020
THE MUNICIPAL CORPORATION OF GREATER MUMBAI
THROUGH ITS COMMISSIONER & ANR. Petitioner(s)
VERSUS
RED ROSE CO OPERATIVE HOUSING SOCIETY LTD
THROUGH ITS SECRETARY & ORS. Respondent(s)
O R D E R
The order dated 17.02.2020 passed by this Court in Civil Appeal No.1658/2020 had directed as under:
“(a) Within six months from today, the Municipal Corporation for Greater Mumbai shall comply with all the directions issued by the High Court in its Order dated 21.8.2017 and shall extend to the appellant all the facilities including access road, drainage and sewage.
(b) The extension of these facilities shall be regardless of any objection raised from any quarters and the Municipal Corporation shall be at liberty to remove all impediments including any unauthorised structure causing hindrance to extension of these facilities.
(c) The private dispute between the parties shall be considered on its own merits and the equities shall thereafter be adjusted by the concerned Court.
Signature Not Verified Digitally signed byWe shall not be taken to have pronounced upon the INDU MARWAH Date: 2020.08.11 18:32:28 IST rival stand or contentions of the concerned parties in so Reason: far as the merits or demerits of contentions are concerned.
The appeal is allowed in aforesaid terms. No costs.” 2 M.A. No. 1266/2020 has now been filed on behalf of the Municipal Corporation of Greater Mumbai praying for further period of six months to carry out the construction work of the access road on the subject property.
The application has referred to certain factual developments which are objected to by Mr. Sanjay Hegde, learned Senior Advocate.
It is made clear that the Municipal Corporation is bound to comply with the directions issued by this Court in the order dated 17.02.2020. Thus, except for granting extension of period of six months with effect from 1st September, 2020, rest of the directions are kept intact and must be complied with by the Municipal Corporation.
M.A. is disposed of in aforesaid terms.
. . . . . . . . . . . . .J. [UDAY UMESH LALIT] . . . . . . . . . . . . .J. [VINEET SARAN] New Delhi August 7, 2020.
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ITEM NO.15 Court 5 (Video Conferencing) SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No(s).1266/2020 in C.A. No.1658/2020 THE MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH ITS COMMISSIONER & ANR. Petitioner(s) VERSUS RED ROSE CO OPERATIVE HOUSING SOCIETY LTD THROUGH ITS SECRETARY & ORS. Respondent(s) ( IA No. 62519/2020 - EXTENSION OF TIME) Date : 07-08-2020 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Atmaram Nadkarni, Senior Adv.
Mr. Ashish Wad, Adv.
Mr. Sidharth Mahajan, Adv.
Mr. Ajeyo Sharma, Adv.
Ms. Sukriti Jaggi, Adv.
Mr. S.S. Rebello, Adv.
Mr. Neeleshwar Pawni, Adv.
M/S. J S Wad And Co, AOR For Respondent(s) Mr. Gaurav Agrawal, Adv.
Mr. Ashutosh Ghade, AOR Mr. Vivek Shukla, Adv.
Mr. Sanjay Hegde, Sr. Adv.
Ms. Liz Mathew, AOR UPON hearing the counsel the Court made the following O R D E R The M.A. is disposed of, in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)