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Bombay High CourtCAI/81/2016allowed

Shri. Dashrath Rama Sonawane v. Navid Alam Mohd. Amin

2016-04-20Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice V.M. Kanade2 pages

1 CAI.(ST).11826/2016-PIL.29/2015(960) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 11826 OF 2016 IN PUBLIC INTEREST LITIGATION NO. 29 OF 2015 WITH CIVIL APPLICATION (ST) NO. 153 OF 2015 IN PUBLIC INTEREST LITIGATION NO. 29 OF 2015 Dashrath Rama Sonawane ...Applicant / Intervenor In the matter between:

Navid Alam Mohd. Amin

...Petitioner

Vs.

State of Maharashtra & Ors..

...Respondents

And Dashrath Rama Sonawane ...Intervenor/Proposed Respondent Mr. Anilkumar Patil i/b. Mr. Sachin Pawar, Advocate for the Applicant in CAI No. 153/2015 Mr. M.M. Vashi a/w. Ms. Aparna Deokar, Advocate for the Petitioner in PIL No. 29/2015 Mr. Rameshwar Gite, Advocate for the Applicant in CA(ST) No.11807 of 2016 Mr. P.P. Kakade, AGP for Respondent Nos. 1, 3 & 4 Mr. S.S. Patwardhan, Advocate for Respondent No.2 CORAM : V.M.KANADE & M.S. KARNIK, JJ.

DATED : 20TH APRIL, 2016

2 CAI.(ST).11826/2016-PIL.29/2015(960) P.C. :

1.

Following order is passed by this Court in Public Interest Litigation No. 29 of 2015 on 4th April, 2016: "The Respondent - Corporation shall carry out the demolition work and for that purpose they have asked the police help. If such a request is made, Respondent No.4 shall provide police help to Respondent No.2. With this direction, PIL is disposed of, with liberty to apply".

2.

The Applicant has stated in the application that he is protected by the interim order passed by the Civil Court. 3.

It is clarified that the Corporation is at liberty to take action in accordance with law and it is further clarified that wherever any protection is granted to any occupant by virtue of an order passed by the Civil Court or by this Court in that case also such occupants shall not be dispossessed as long as the order is not vacated.

4.

Both the Civil Applications are disposed of accordingly. (M.S. KARNIK, J.) (V.M.KANADE, J.)