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Bombay High CourtWP/6189/2012disposed off

Sez Prakalpa Badhit Shetkari Kalyankari Saunsta, Through Chairma, Bapu Dhanaji Mokal v. M/S. Mumbai S.E.Z. Company Ltd., Through Pankaj Sadanand Shelke And ORS

2017-02-27Hon'Ble The Chief Justice,Hon'Ble Shri Justice G. S. Kulkarni2 pages

pvr 6wp6189-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 6189 OF 2012 with Civil Application no.576 of 2013 Sez Prakalpa Badhit Shetkari Kalyankari Saunsta, Through Chairma, Bapu Dhanaji Mokal

...Petitioner

Versus

M/s. Mumbai S.E.Z. Company Ltd., Through Pankaj Sadanand Shelke And Ors

...Respondents

--- Ms.Rajeshree Waikar i/b. Mr.Vaibhav Patankar, for the Petitioners. Dr.Milind Sathe, Senior Advocate i/b. M/s.A.S.Dayal & Associates, for Respondent Nos.1 and 2.

Mr.P. P. Kakade, AGP for the State-Respondents 3 to 6. ----

CORAM

:

DR. MANJULA CHELLUR, C. J., & G.S.KULKARNI, J.

DATE :

FEBRUARY 27, 2017 --- P. C.

1.

On 7 February 2017 we have directed the Petitioner who is before this Court challenging the acquisition by agreements, contending that such agreements are not favourable to its members who seems to be the members of the Trust, to give details of the Trust and its members. However, till today there is

pvr 6wp6189-12.doc no compliance of our directions with regard to details of the Trust like aims and objects and so also the members of the said Trust. In the absence of such material being placed before us, we are of the opinion that the so called petitioner-Trust has no locus standi to challenge, since it is not in a position to establish its obligation towards the members as contended in the petition. 2.

Accordingly, the Writ Petition is dismissed for nonprosecution. 3.

So far as individual land losers are concerned, if they have acquired any rights, we make it clear that we are not expressing any opinion on the same.

4.

As the Writ Petition itself is disposed of, nothing survives in the pending Civil Application, it is accordingly disposed of.

(G.S.KULKARNI, J.) (CHIEF JUSTICE)