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Bombay High CourtWP/939/2016disposed off

M/S.Darusa Builders Pvt Ltd v. State Of Maharashtra And 6 ORS

2016-04-07Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

908-WPL.970.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 970 OF 2016 M/s. Darisa Builders Pvt. Ltd.

} Petitioner versus State of Maharashtra and Ors.

} Respondents Mr. Chirag Balsara with Mr. Abhijit Patil i/b. Mr. Ajay Patil for the petitioner.

Mr. Anurag Gokhale - AGP for respondent nos. 1, 4, 5 and 6.

Mr. Vijay D. Patil with Mr. Nikhil Chavan for respondent nos. 2 and 3.

Mr. Sandeep Bane for respondent no. 7.

CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED :- APRIL 7, 2016 P.C. :- 1) When this petition was placed in the morning session and our attention was invited to all the averments and annexures, particularly, the communication at page 108 of the paper book, from the Assistant Registrar, Co-operative Societies (Eastern and Western), Slum Rehabilitation Authority, Mumbai, dated 14th March, 2016, we called upon the said officer to remain present and orally directed to summon him in the afternoon session. Accordingly, the matter was kept back. J.V.Salunke,PA

908-WPL.970.2016.doc 2) On instructions, Mr. Vijay Patil appearing for the Slum Rehabilitation Authority states that the impugned communication should not have been issued, but now it is decided to withdraw it. It accordingly stands withdrawn forthwith. 3) In the light of this communication being withdrawn, we do not think there is any impediment in the scheme going ahead and being implemented at site also by demolition of the offending structures. We hope that this process will now be completed and ignoring any interference, expeditiously and in accordance with law. We expect the local police station to cooperate with the authorities if any demolition is proposed at site. (G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA