Mohammed Furqan Mohammed Ali Qureshi v. The Municipal Commissioner And 9 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 27 OF 2018 Mohammed Furqan Mohammed Ali Qureshi .. Petitioner Vs.

The Municipal Commissioner Gr. Mumbai and Others .. Respondents WITH PUBLIC INTEREST LITIGATION (L) .NO. 73 OF 2018 Tulsidas Nair .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents ....

Mr. Nawaz Haindaday i/b Arshad Haindaday for Petitioner in PIL No. 27 of 2018 Mr. Tulsidas Nair petitioner in person in PIL (L) No. 73 of Mr. Musharaf Shaikh i/b Kiran Bhagalia for Respondent No.6 - MMRDA in PIL (L) No. 73 of 2018 Mr. Prabhakar Jadhav i/b V.P. Sawant for Respondent No. 6 in PIL No. 27 of 2018 Mr. Vijay Patil for Respondent No. 5 in both PIL Mr. Hiten Venegaonkar Addl.G.P. for Respondent No. 7, 8, and 10 in PIL 27 of 2018 Mr. Kedar Dighe AGP for Respondent Nos. 1, 2, 4 and 9 in PIL (L) No. 73 of 2018 Ms. Dhruti Kapadia for Respondent Nos. 1 to 3 in PIL No. 27 of 2018 and Respondent No.3- MCGM in PIL (L) No. 73 of ....

jdk 2 of 3 4.ospil27.18_pilst.73.18.doc CORAM : PRADEEP NANDRAJOG, C.J. & N.M. JAMDAR, J.

DATED : APRIL 12, 2019 P.C.:

1.

Two captioned Public Interest Petitions filed in public interest espouse the same public cause. Three reliefs sought for in the two petitions are identical. The first prayer is to reserve 8.44 Hector land at Bandra (West), A Block, bearing CTS No. S-792 as an open space and public facilities / amenities in view of the fact that it was so declared in the Development Plan of 1979 prepared by MMRDA for Greater Mumbai. Second prayer is to set aside the action of the State to transfer the said land to MMRDA and MSRDC. The third prayer is to restrain the respondents from using the land for any purpose except for the open space or that public facilities / amenities.

2.

Since pleadings have been completed in Public Interest Petition (L) No. 73 of 2018, we terminate the proceedings in Public Interest Petition No. 27 of 2018; permitting the petitioners to intervene through counsel and

jdk 3 of 3 4.ospil27.18_pilst.73.18.doc render assistance in Public Interest Petition (L) No. 73 of 2018. 3.

Copy of the counter affidavit filed in Public Interest Petition (L) No. 73 of 2018 shall be supplied to the learned counsel for the petitioner in Public Interest Petition No. 27 of 2018.

4.

Public Interest Petition (L) No. 73 of 2018 be listed for consideration on 20 June 2019.

N.M.JAMDAR, J. CHIEF JUSTICE kandarkar