Mr. Munawar Ali Shah v. Santosh Sudam Bhoir And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (STAMP) NO.17168 OF 2022 Shakir Ali INTERIM APPLICATION (STAMP) NO.17112 OF 2022 Sharif Shah INTERIM APPLICATION (STAMP) NO.17171 OF 2022 Munawar Ali Shah by SUDARSHAN RAJALINGAM KATKAM Date:
2023.01.19 10:24:15 +0530 1/7 SUDARSHAN RAJALINGAM KATKAM
k 2/7 32 pil 111.21 as.doc INTERIM APPLICATION (STAMP) NO.17164 OF 2022 Shobhnath Yadav INTERIM APPLICATION (STAMP) NO.17106 OF 2022 Mohd Akram Mohd Rayees Manihar INTERIM APPLICATION (STAMP) NO.17104 OF 2022 Moihammed AftabTaher Ali Khan INTERIM APPLICATION (STAMP) NO.17108 OF 2022 Mohammed Umar Khan 2/7
k 3/7 32 pil 111.21 as.doc INTERIM APPLICATION (STAMP) NO.17111 OF 2022 Istikhar Ali INTERIM APPLICATION (STAMP) NO.17040 OF 2022 Faridsa Mansion Building INTERIM APPLICATION (STAMP) NO.18462 OF 2022 Hasrat Ali Hashim Ali Shaikh INTERIM APPLICATION NO.18479 OF 2022 Somnath Yadav 3/7
k 4/7 32 pil 111.21 as.doc INTERIM APPLICATION NO.18476 OF 2022 Ayyub Ibrahim Inamdar INTERIM APPLICATION NO.18475 OF 2022 Safiya Shamim Ahmed Shah INTERIM APPLICATION NO.18473 OF 2022 Wasiulla Shaikh INTERIM APPLICATION NO.18471 OF 2022 Rahul Ali 4/7
k 5/7 32 pil 111.21 as.doc INTERIM APPLICATION NO.18468 OF 2022 Munawar Ali Shah INTERIM APPLICATION (STAMP) NO.18463 OF 2022 Imran Supariwala & Anr.
....Applicants INTERIM APPLICATION (STAMP) NO.18132 OF 2022 Chandrakant Chipkar Ms. Neeta P. Karnik for the Petitioners in PIL. Mr. Ram S. Apte, Senior Advocate a/w Mr. Narayan R. Bubna, Mr. Harshal P. Nahata and Ms. Dhanashree Bhate for Respondent Nos.2 to 5. Mr. Suhas Oak a/w Mr. Nikhil Shinde, Mr. Ami Shagh, Mr. Vinod Utekar for the Applicant/Intervener in IA (Stamp) Nos.17168 of 2022, 17112 of 2022, 17171 of 2022, 17164 of 2022, 17106 of 2022, 17104 of 2022, 17108 of 2022, 17111 of 2022 and 17040 of 2022.
Mr. Mathew Nedumpara i/b Ms. Hemali Kurne i/b M/s. Nedumpara & Nedumpara for the Applicant in IA (Stamp) Nos.18462 of 2022 and 18132 of 2022.
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k 6/7 32 pil 111.21 as.doc Mr. P.P. Kakade, GP a/w Mrs. R.A. Salunkhe, AGP for the RespondentState. CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.
DATE : 16 JANUARY 2023.
P.C.:
PUBLIC INTEREST LITIGATION:
Under order dated 5 December 2022 this Court has made observations in paragraph 5. The Court observed that having regard to pendency of the Civil Appeals before the Supreme Court, we do not propose to make any order for vacation of such unauthorized constructions by its occupants for the present. It will be prudent to await the order of the Supreme Court on the Civil Appeals referred to above. As per para 6 of the said order, the Petitioners were to file Affidavit to bring on record relevant documentary evidence in this behalf. We will also consider the submissions of the learned Advocate for the Respondents about the tenability of the Petition. Place the matter on 26 March 2023.
INTERIM APPLICATIONS:
All these Interim Applications are filed for Intervention on the ground that these Applicants are not added as parties in the PIL and their rights are affected.
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k 7/7 32 pil 111.21 as.doc We have heard learned Advocates for the Applicants and the learned Advocate for the original PIL Petitioners.
Considering the nature of the issues, it would be expedient to hear the Applicants and the Applicants would be necessary parties to the PIL. In light of that the Interim Applications for including the parties/intervening are allowed and the necessary amendments to be carried out by the Petitioners.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) 7/7