Bombay High CourtCAW/2040/2015disposed off

Palava Dwellers Private Limited And ANR. v. State Of Maharashtra And ORS.

2015-11-30Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice A.S. Oka2 pages

caw-2040.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2040 OF 2015 IN WRIT PETITION NO.11579 OF 2014 Palava Dwellers Private Limited and Anr.

... Applicants In the matter between Palava Dwellers Private Limited and Anr.

... Petitioners

Versus

State of Maharashtra and Ors.

... Respondents Mr. Ravi Kadam, Senior Advocate a/w Mr. Vishal Kanade i/by M/s. Kanga & Co., for the Applicants/ Petitioners. Mrs. M.P. Thakur, AGP for the Respondent No.1. Ms. Kiran Bagalia for Respondent Nos.2 and 3. CORAM : A.S. OKA & G.S. PATEL, JJ.

DATE : 30TH NOVEMBER, 2015 P.C.

Heard the learned Senior Counsel appearing for the Applicants, the learned counsel appearing for the second and third Respondents and the learned AGP for the first Respondent. On the last date, the learned AGP appearing for the State has produced for perusal of the Court a letter dated 12th October, 2015 addressed by the State Government to the third Respondent by which the order passed by the State Government on 11th September, 2014 in an Appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 has been

caw-2040.15 forwarded to the third Respondent for necessary action. 2.

As far as the implementation of the order dated 11 th September, 2014 is concerned, the learned counsel appearing for the second and third Respondents has invited our attention to the orders dated 13 th April, 2015 and 5 th May, 2015 passed by a Division Bench of this Court in PIL No.182 of 2009. In view of the orders of the Division Bench in PIL No.182 of 2009 which are in force, prayer clause (b) for implementation of the order cannot be granted. The learned Senior Counsel appearing for the Applicants states that the Applicants intend to move appropriate application in PIL No.182 of 2009 for necessary directions. Hence, no further relief can be granted in this Civil Application. Civil Application is accordingly disposed of. (G.S. PATEL, J ) (A.S. OKA, J )