Melwyn Isidore Fernandes v. The State Of Maharashtra Thr. Gp And ORS

5-PIL-142-2019 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 142 OF 2019 Shrichand Khemchand Relwani & Ors.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents WITH PUBLIC INTEREST LITIGATION NO. 119 OF 2021 WITH INTERIM APPLICATION NO. 19481 OF 2022 Melwyn Isidore Fernandes & Ors.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Mihir Desai, Senior Advocate i/by Ms. Sunita S. Banis for petitioners in PIL/119/2021 & for applicants in IA/19481/2022.

Mr. P. P. Kakade, Govt. Pleader a/w Ms. R. A. Salunkhe, AGP for respondent nos.1, 2 and 4 in PIL/142/2019 and for respondent nos.1, 4 and 5 in PIL/119/2021.

Mr. Suresh M. Kamble for respondent no.3 in PIL/142/2019. Mr. Ram Apte, Senior Advocate i/by Mr. Mandar Limaye for respondent nos.2 and 3 in PIL/119/2021.

Mr. Kailas S. Dewal i/by Mr. Yash Dewal and Sham Thakur for respondent no.7 in PIL/119/2021.

Mr. Afroz A. Siddiqui a/w Ms. Afrin Khan for Intervenor. CORAM: DIPANKAR DATTA, CJ. & MADHAV J. JAMDAR, J.

DATE : NOVEMBER 10, 2022 P.C.:

PIL No.119 of 2021 & IA No.19481 of 2022:

1.

At the request of Mr. Desai, learned senior advocate

5-PIL-142-2019 for the applicants/petitioners, Interim Application No. 19481 of stands withdrawn with liberty to the applicants/petitioners to file a fresh application for amendment to implead the Urban Development Department, Government of Maharashtra and M/s. Balaji Enterprises as additional respondents and for incorporation of additional averments as well as for deletion of the added respondent (respondent no.7, M/s. Vihang Group of Companies).

2.

If such an application is filed by a week from today, the PIL petition be listed three weeks hence. 3.

In the meanwhile, copies of the application for amendment shall be served on the respondents as well as the parties who are sought to be added. They shall be at liberty to take exception to the application within a week from service of copy of such application.

PIL No. 142 of 2019:

1.

If reply affidavit of the State is filed in the department by tomorrow, the same shall be accepted. The petitioner shall have a week's time to file rejoinder-affidavit to such reply-affidavit.

2.

List the PIL petition after three weeks.

3.

If the petitioners wish to obtain interim relief, they shall be at liberty to file an appropriate application. (MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.11.10 17:42:49 +0530 PRAVIN DASHARATH PANDIT