Tatva Global Environment (Deonar) Limited v. Shri Pandurang Patil And ANR.

cai-177.15 in pil-217.09 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.177 OF 2015 IN PUBLIC INTEREST LITIGATION NO.217 OF 2009 Tatva Global Environment (Deonar) Limited ... Applicant

Versus

Shri Pandurng Patil and Anr.

... Respondents None for the Petitioner.

Mr. Rafiq Dada, Senior Advocate a/w Mr. A.A. Kumbhakoni i/by Mr. Amit B. Borkar, for the Applicant.

Mr. A.B. Vagyani, Government Pleader a/w Mrs. M.P. Thakur, AGP, for the Respondent - State.

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 27th OCTOBER, 2015 P.C.

.

Heard the learned Senior Counsel appearing for the Applicant. This application for intervention has been filed in a disposed of PIL No.217 of 2009 as Civil Application No.221 of 2013 made by the Mumbai Municipal Corporation is pending. Only issue in the said Civil Application filed by the Mumbai Municipal Corporation is whether a case is made out for grant of extension of time to comply with various

cai-177.15 in pil-217.09 directions issued by a Division Bench of this Court by Judgment and Order dated 2nd April, 2013 in the PIL No.217 of 2009 and other connected Writ Petitions. The learned Senior Counsel invited our attention to the observations made in paragraphs 10 to 12 of the order dated 1st October, 2015. There are observations that the Mumbai Municipal Corporation has taken steps to terminate the contract of the Applicant. The Applicant is a Contractor appointed by the Municipal Corporation in relation to the dumping site at Deonar. Considering the narrow scope of Civil Application filed by the Mumbai Municipal Corporation, in the said application, there cannot be any adjudication on the contractual dispute between the Applicant and the Mumbai Municipal Corporation. Hence, the application for intervention is misconceived and the same is rejected.

(V.L. ACHLIYA, J ) (A.S. OKA, J )