Ali Asgar Mohammed Tahsildar v. The State Of Maharashtra And 16 ORS.

nml.391.15.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (LODGING) NO. 391 OF 2015 IN PUBLIC INTEREST LITIGATION NO. 45 OF 2012 Mt. Marry High School ...Applicant

IN THE MATTER BETWEEN :

Ali Asgar Mohammed Tahsildar

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Vikhil Dhoke with Ms. Vaishali Raghuwanhsi and Ms. Anisha Singh for the Applicant Mr. Sushil Upadhye I/b Mr. A. M. Saraogi for the Petitioner Mr. J. S. Saluja, A.G.P for the Respondent - State Ms. Neha Bhide for the Respondent - MHADA Ms. Trupti Puranik for the Respondent - BMC CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 13 th JULY, 2015 P.C. :

1.

Heard learned Counsel appearing for the applicant (Mt. Marry High School). The learned A.G.P on instructions confirms that the School of the applicant is situated on the land bearing Survey No. 110/17, City Survey No. 2845, admeasuring 1212.4 sq. mtrs. at Village Malwani, SQ Pathan 1/2

nml.391.15.doc Mumbai Suburban District, which is not a land vested in the State Government. The learned Counsel appearing for the Mumbai Municipal Corporation states that a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 has been served to the applicant. 2.

Considering the prayers made in the PIL, the directions which may be issued in the PIL will not apply to the aforesaid land. Accordingly, the name of the applicant as a party respondent in the PIL stands deleted. However, the Mumbai Municipal Corporation shall take all further steps on the basis of the aforesaid notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 in accordance with law. 3.

Subject to above clarification, Notice of Motion is disposed of. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2