Nice Shelter And ANR. v. The State Of Maharashtra And ORS.

nmw284withchsl170 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.284 OF 2014 WITH CHAMBER SUMMONS (L)NO.170 OF 2013 IN WRIT PETITION NO.438 OF 2011 Nice Shelters & Anr.

...Applicants vs.

State of Maharashtra & Ors.

...Respondents

Mr.Zuben Kamdin, Senior Counsel i/b Dhiren H. Shah for the applicant Ms Geeta Joglekar for the respondent No.4 Mr.U.S.Upadhyay for respondent Nos.1 to 3.

CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : FEBRUARY 11, 2016 P.C.:

The affidavit in reply is not filed even as of today. Considering the prima facie finding recorded in the order dated 27th November 2015, no further time can be granted.

By way of interim relief, we direct the Mumbai Municipal Corporation to maintain status quo as of today in all respects in respect of the land subject matter of this petition. We direct the Mumbai Municipal Corporation to take all possible steps to ensure that there is no encroachment made on the land in question. If the applicants/petitioners finds that the Mumbai Municipal Corporation is not taking proper steps to maintain the said land free from encroachments, we grant them liberty to file

nmw284withchsl170 appropriate proceedings. Notice of Motion and Chamber Summons are accordingly disposed of.

Place the petition on appropriate final hearing cause list as per its turn.

(C.V.BHADANG,J.) (A.S.OKA,J.)