Mumbai Metropolitan Region Development Authority Through Commissioner v. Jalbiradari And ORS

905.wp 10361.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10361 OF 2016 Mumbai Metropolitan Region Development Authority .. Petitioner Vs.

Jalbiradari and ors.

.. Respondents Mr.T.S.Subramanian, Senior Advocate a/w Mr.Ayush Agarwala, Mr.Parth Gokhale i/b Khaitan & Co., for the Petitioner. Mr.Zamah Ali, for Respondents No. 1 & 2.

Ms.Vaishali Chaudhary i/b Mr.Pranil Sonawane, for Respondent No.3.

Ms.Sharmila Deshmukh, for Respondents No. 5 & 7. Ms.Nisha Mehra, AGP for Respondent No.6 - State. CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 30th SEPTEMBER, 2016 P.C. :

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Parties through their Counsel.

2.

After arguing at length, learned Counsel for the petitioner seeks leave to withdraw this Petition with liberty to challenge the impugned order dated 31st May 2016 passed by the National Green Tribunal, Principal Bench, New Delhi in 1/2

905.wp 10361.16.doc Appeal No. 7 of 2015 before the Supreme Court. At the same time, further prayer is made that for a period of 4 weeks, observations contained in paragraph 17 h(iii) be ordered to be kept in abeyance enabling the petitioner to seek interim relief from the Supreme Court. The prayer has not been opposed by the learned Counsel appearing for respondents No.1 & 2. 3.

In view of aforesaid, the petitioner is permitted to withdraw this Petition with liberty to approach the Supreme Court. The directions contained in paragraph 17 h(iii) shall remain in abeyance for a period of 4 weeks from today. (M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2