Girni Kamgar Karmchari Niwara And Kalyankari Sangh, Through Its Secretary, Hemant B. Raul v. The State Of Maharashtra, Through The Chief Secretary, Govt. Of Maharashtra And 4 ORS.

(7)-PIL-64-14.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.64 OF 2014 Girni Kamgar Karmchari Niwara & Kalyankari Sangh, through its Secretary, Hemant B. Raul ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents Mr. Sandeep Mahadik i/by Mr. Saiyed Imtiyaz Hussain, Advocate for the Petitioner.

Ms. Geeta Shastri, Addl. Govt. Pleader for Respondent No.1 - State. Mr. S. S. Pakale a/w Ms. K. H. Mastakar, Advocates for Respondent No.2 - MCGM.

Mr. V. M. Parshuramani, Advocate for Respondent No.3. Mr. R. A. Dada, Senior Advocate a/w Mr. Abhay Jadeja, Mr. Rohan Kelkar & Mr. Varun Satya i/by M/s. Crawford Bayley & Co., Advocates for Respondent No.4.

Mr. Kevic Setalvad, Senior Advocate a/w Mr. Aditya Thakkar & Mrs. Nandini Joshi i/by Harish Joshi & Co., Advocates for Respondent No.5.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 17th OCTOBER, 2019 P.C.

1] We terminate proceedings in the instant Public Interest Litigation for the reason relief as prayed is incapable of being granted. The Petitioner desires a direction to be issued against either MCGM or MHADA to recover the land on which Textile Mill was set up. The owner of the land is one Mr. Nusli Wadia who has leased the same to BGP.

(7)-PIL-64-14.doc.

Respondent No.5. There is a suit pending concerning the right of Respondent No.5 in the land in question. Till the suit is decided no development can take place. The issues raised in the Petition would be triggered when development takes place whether by Respondent No.5 or owner of the land which in turn would depend upon the suit pending between the two.

2] The Petition is accordingly dismissed.

Balaji G.

Panchal by Balaji G.

Panchal Date: 2019.10.17 16:50:59 +0530 SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.