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Bombay High CourtWP/3096/2023disposed off

Atlanta Limited v. State Of Maharashtra And ORS

2023-03-27Hon'Ble Shri Justice G.S. Patel,Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

25-3096-2023+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3096 OF 2023 Atlanta Ltd

...Petitioner

Versus

State of Maharashtara & Ors

...Respondents

WITH INTERIM APPLICATION (ST) NO. 8178 OF 2023 National High Speed Rail Corporation Ltd ...Applicant In the matter between Atlanta Ltd

...Petitioner

Versus

State of Maharashtara & Ors

...Respondents

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2023.03.27 17:06:24 +0530 Mr Mukesh Vashi, Senior Advocate, with Aparna Deokar, i/b MP Vashi & Associates, for the Petitioner.

Mr AY Sakhare, Senior Advocate, i/b Ashok T Gade, for Respondent No. 4.

Mr Anil Singh, ASG, with Akshay Doctor, Sameer Patel, Ashutosh Mishra, i/b Desai & Diwanji, for the Applicant in IAST/8178/2023.

Mr Sanjay Wadhwe, Executive Engineer, EHU Division, Kalwa, present.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

27th March 2023 PC:- 27th March 2023

25-3096-2023+.DOC INTERIM APPLICATION (ST) NO. 8178 OF 2023:

1.

The application is by the National High Speed Rail Corporation Ltd which is developing the Bullet Train Corridor. The Application is allowed. It will be joined as Respondent No. 6 to the Petition without need of reverification. Amendment to be carried forthwith.

WRIT PETITION NO. 3096 OF 2023:

2.

The Petition is disposed of with a direction permitting the Petitioner to make an application to the Thane Municipal Corporation, either (i) for condonation or relaxation of the marginal open space requirement; (ii) waiving or relaxation of RG condition; or (iii) consider a revised plan for proposed building or any combination of the above.

3.

Mr Limaye for the Thane Municipal Corporation states that if the application is made to the Corporation, it will be considered on its own merit as expeditiously as possible. No clarification is required.

4.

The Petition is disposed of.

5.

The previous ad-interim or interim or stand vacated. (Neela Gokhale, J) (G. S. Patel, J) { 27th March 2023