The Colaba Land And Mill Company Ltd. v. The State Of Maharashtra And 2 Others

P.H. Jayani 12 WP1902.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1902 OF 2017 The Colaba Land and Mill Company Ltd.

.....Petitioner v/s.

The State of Maharashtra ......Respondent Mr. Anoshak Daver a/w. Mr. Nakul Jain i/b. Harsh Behanu for the Petitioner.

Mr. Himanshu Takke, AGP for Respondent Nos.1 and 2. Mr. A.Y. Sakhare with Trupti Puranik for MCGM. Mr. Vikrant Desai, SE DP, City I, present in Court. Mr. Suhas Jain from Development Plan Dept., 'A' Ward, present in Court.

CORAM: A.A. SAYED, AND SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 06TH NOVEMBER, 2019.

P. C. :- Learned Counsel for the Petitioner has invited our attention to paragraphs 22 and 25 of the order dated 19/20 September 2005 of the Division Bench of this Court in Writ Petition No.2687 of 1999 Municipal Corporation of Greater Mumbai v/s. The State of Maharashtra and ors. He states that in view of the letter dated 31 May 2017 of the Deputy Collector (Land Acquisition) No.7, Mumbai, the Petitioner is willing to appear before the Respondent No.2-Special Land Acquisition Ofcer (7), Mumbai. He therefore seeks leave to withdraw the Petition with liberty to appear before the Special Land Acquisition Ofcer (7). 2.

In view of the above, we permit the Petitioner to withdraw 1/2

P.H. Jayani 12 WP1902.17.doc the Petition with liberty to appear before the Respondent No.2 Special Land Acquisition Ofcer (7). The Respondent No.2-Special Land Acquisition Ofcer (7) shall take appropriate decision as per the aforesaid paragraph 22 of the order dated 19/20 September 2005 within a period of six months from today. No extension of the period shall be sought. The parties shall co-operate and not seek adjournment before the Respondent No.2-Special Land Acquisition Ofcer (7).

3.

We make it clear that we have not gone into the merits of the matter and all contentions are kept open. Learned Counsel for the Petitioner and learned Counsel for the Respondent No.3Corporation state that the parties shall appear before the Respondent No.2-Special Land Acquisition Ofcer (7), Mumbai, with a copy of this order on 18 November 2019 at 11 a.m. when appropriate directions be issued by the Respondent No.2-Special Land Acquisition Ofcer (7).

4.

The Writ Petition to stand disposed of in the aforesaid terms. (SMT. ANUJA PRABHUDESSAI, J.) (A.A. SAYED, J.) Preeti H.

Jayani by Preeti H.

Jayani Date:

2019.11.14 18:26:29 +0530 2/2