Indira Sra Co-Operative Housing Society v. The Slum Rehabilitation Authority And 8 ORS. And Maganlal Kesarlal Jaiswal And 4 ORS (Applicants)
chs-189-18(3).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.189 OF 2018 IN WRIT PETITION NO. 2595 OF 2015 Indira SRA Co-operative Housing Society ..Petitioner Vs.
The Slum Rehabilitation Authority & Ors ..Respondents And Maganlal Kesarlal Jaiswal & Ors ..Applicants Mr. Uday Bobade a/w Mr. Amit Potnis, a/w Mr. Sandeep Suryavanshi a/w Ms Priyanka Rane I/b Tamhane & Co. for the Applicants in CHS Nos.324/17, 322/17, 323/17, 318/17 & 320/17 Mr. A. S. Jaiswal for the Applicant in CHS No.189 of 2018 Mr. Prakash Mahadik for the Petitioner in WP(L) No.505/15, 1205/15 and for the Petitioner in WP NO/2421/16 and Contempt Petition No.63/17 Mr. Chirag Mody a/w Mr. Rishikesh Soni, Mr.Ashok Purohit a/w Ms Dharti Pandya I/b Ashok Purohit & Co. for the Respondent SRA Mr. Himanshu Takke AGP for the Respondent No.2 in WP No.2421/16, 505/15, 1205/15 and for the Respondent No.9 in WP (L) No.672/15 Mr. Amit Shastri AGP for the Respondent No.2 in WP No.2424/15 Mr. S. B. Gore AGP for the Respondent State in WP No.
2595/15 Mr. Samir Vaidya for Respondent Nos.7 and 10 in WP 505/15, 1205/15 and for Petitioner in WP 2421/16 and Contempt Petition No.63/17 Mr. S. S. Kurade I/b Mr. V. D. Patil for the Respondent High Power Committee in all matters Mr. Karl Tamboly a/w Ms Aishwarya Singh I/b Bharucha & Partners for Petitioners in WP Nos.1205/15, 2595/15, and for Applicant in Notice of Motion No.423 of 2015 Ms Naira Jejeebhoy a/w Mr. Arun Panickar a/w Mr.
chs-189-18(3).doc the Petitioner in WP No.505/15 and 2424/15 and for the Respondent No.9 in WP 1205/15, 2421/16, WP(L) 976/15 and for the Respondent No.8 in WP(L) 672/15 CORAM :R. M. SAVANT, & NITIN W. SAMBRE, JJ DATE : 26th OCTOBER, 2018 P.C.
The above Chamber Summons has been filed by the Applicants who are the members of the Petitioner society. The Chamber Summons has been filed seeking their impleadment in the above Writ Petition. We by our order passed today in Chamber Summons No.322 of 2017 have already observed as to why the persons similarly situated as the Applicants in the instant Chamber Summons cannot be impleaded in the concerned Writ Petition. For the self same reasons we reject the above Chamber Summons for impleadment.
In so far as the aspect of payment of transit rent is concerned, since the appointment and removal of developers for implementation of the Slum Rehabilitation Scheme in question is at large in the above proceedings and since the status-quo order is operating in the above proceedings, the issue as regards the payment of transit rent would have to await the adjudication of the above Writ Petition as also the companion Writ Petitions. Hence without foreclosing the right of the Applicants for transit rent, we dispose of the above Chamber Summons.
[NITIN W. SAMBRE, J] [R.M.SAVANT, J] mmj