Shadaab Patel v. State Of Maharashtra Through Govt Pleader 6 Others

skc 42-PILL-34-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION (L) NO. 34 OF 2016 Shadaab Patel ..

Petitioner versus State of Maharashtra & Ors.

..

Respondents WITH CHAMBER SUMMONS (L) NO. 187 OF 2016 IN PUBLIC INTEREST LITIGATION (L) NO. 34 OF 2016 Shadaab Patel ..

Petitioner versus State of Maharashtra & Ors.

..

Respondents And Firoz A. Ansari (Advocate) ..

Intervenor/Applicant Mr. Khan Javed Akhtar for Petitioner.

Mr. H. S. Venegaonkar - AGP for State.

Ms Trupti Puranik for Respondents - MCGM.

Mr. Iqbal Chagla - Senior Advocate with Rutuja Patil i/b.Negandhi Shah & Himayatullah for Respondent No. 6.

Mr. Firdosh P. with R. Badiani i/b. A. S. Dayal & Ass. for Respondent No. 7.

Mr. Firoz Ansari - Intervenor / Applicant present in person.

CORAM:

V. M. KANADE AND M. S. SONAK, JJ.

DATE :

26 JULY 2016 P.C.:

1] There is a gross delay of 14 years in filing this petition. We have no manner of doubt that this petition has been filed with bona fide intention but is filed only to harass the respondents who have

skc 42-PILL-34-16.doc purchased the property in 2002 after obtaining due permission from the Charity Commissioner. Petition is dismissed with costs, which are quantified at Rs.50,000/- (Rupees Fifty Thousand). Costs to be paid to Tata Cancer Research Centre, within a period of four weeks from today.

2] In view of dismissal of petition, chamber summons (l) no. 187 of 2016 for intervention, does not survive. The same is dismissed with costs, which are quantified at Rs.25,000/- (Rupees Twenty Five Thousand). Costs to be paid to Tata Cancer Research Centre, within a period of four weeks from today.

(M. S. SONAK, J.) (V. M. KANADE, J.) chandka