Jayshri Vijaykumar Jambhale v. Kulgaon-Badlapur Municipal Council Through The Chief Officer, Kulgaon And ORS.

cai41.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.41 OF 2018 IN PUBLIC INTEREST LITIGATION NO.134 OF 2017 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Shubham Kaushal I/b Mr.Kranti L.C.for the Applicant Mr.C.G.Gavnekar for the Respondent No.1 Mr.Prashant More, AGP for respondent Nos.2 to 5. Mr.N.R.Bubna for respondent No.6 Digitally signed by Shubhashri Shridhar Pathak Date:

2018.08.13 12:19:44 +0530 Shubhashri Shridhar Pathak CORAM :A.S.OKA AND RIYAZ.I.CHAGLA,JJ.

DATE :AUGUST 9, 2018 P.C.:

Heard the learned counsel appearing for the applicant and the learned counsel for the first respondent who has strong objection to the proposed amendment. We have heard the learned AGP for second to fifth respondents. The resolution which is sought to be challenged by way of amendment relates to the property subject matter of Public Interest Litigation. The case of the applicant/ PIL petitioner is that the subject land is a forest.Therefore, to avoid

cai41.doc multiplicity of the proceedings, amendment will have to be permitted.

Accordingly, we allow amendment in terms of prayer clause (a). Amendment to be carried out within a period of two weeks from the date on which this order is uploaded. It will be open for the respondents to file additional reply within a period of eight weeks from today.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)