Mohammad Shamim Habibullah Choudhary And ORS v. The State Of Maharashtra Through Urban Development Dept. And ORS

Kanchan P Dhuri 1 / 2 4-WP-62-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 62 OF 2021 (WRIT PETITION (STAMP) NO. 94260 OF 2020) Mohammad Shamim Habibullah Choudhary and others ...

Petitioners

Versus

The State of Maharashtra and others ...

Respondents .........

Mr. M.M. Vashi, Senior Advocate with Mr. A.A. Siddiquie i/b. M/s. A.A.Siddiquie and Associate for the Petitioners.

Mr. Ram Apte, Senior Advocate with Mr. Ajit Pitale and Mr. Ameya Pitale for the Respondent Nos.2 to 5.

Ms. K.N. Solanke, AGP for Respondent-State.

Mr. Nitin Gangal for Respondent Nos.6 and 7.

.........

CORAM : S.J. KATHAWALLA AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 3rd NOVEMBER, 2020 P.C. :- In view of the assurance given by Respondent Nos.6 and 7 through their Advocate, to the Petitioners and their Advocate that they shall treat the Petitioners at par with all the other tenants and ensure that all the terms and conditions to be provided in the development Agreement are also made applicable to the Petitioners, Mr. Vashi, Learned Senior Advocate for the Petitioners is not pressing the above Writ Petition.

The Order dated 3rd November, 2020 is modified and corrected as per the Order dated 26th July, 2021 passed in Interim Application No. 1415 of 2021 in Writ Petition No. 62 of 2021.

Kanchan P Dhuri 2 / 2 4-WP-62-2021.odt 2.

The Writ Petition is accordingly disposed off. 3.

The Petitioners and the developer agree and undertake to co-operate with each other in all respects. In view thereof, Senior Advocate Mr. Vashi states that Petitioners will vacate and handover peaceful possession of their respective premises to the Developer on or before 23rd November, 2020. The undertaking is accepted. The Corporation shall therefore, not take any coercive steps upto 23rd November, 2020. However, in the meantime, the Petitioners shall continue to occupy their respective premises at their own risk.

4.

( SMT. ANUJA PRABHUDESSAI, J. ) ( S.J. KATHAWALLA, J. ) by KANCHAN PRASHANT DHURI Date:

2021.07.26 16:48:05 +0530 KANCHAN PRASHANT DHURI The Order dated 3rd November, 2020 is modified and corrected as per the Order dated 26th July, 2021 passed in Interim Application No. 1415 of 2021 in Writ Petition No. 62 of 2021.