Dinesh Elyas Hingora And Another v. The Collector Of Mumbai And Another

DSS 1/2 1-os-wp-2663-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2663 OF 2018 Danish E. Hingora and anr.

...

Petitioners.

V/s.

The Collector of Mumbai and anr.

...

Respondents.

Ms Iram Memon I/b Mr. S.I. Memon for the Petitioner. Mr. Kedar B. Dighe, AGP for Respondent Nos.1 and 2- State. CORAM :

R.M. BORDE AND V.L. ACHLIYA, JJ.

DATE :

9th JANUARY 2019.

P.C.:

1] This petition can be disposed of in view of the communication issued by the State Government on 9th January 2019 to the petitioners. A copy of the said communication is taken on record and marked as "X" for identification. The petitioners are expected to deposit the amount specified in the communication amounting to Rs.98,93,593/- and also to tender an undertaking assuring to abide by the decision of the Supreme Court in S.L.P. (C) No. 26970 of 2018, S.L.P. (C) No. 26968 of 2018, S.L.P. (C) No.26972 of 2018 and S.L.P. (C) No. 26964 of 2018.

DSS 2/2 1-os-wp-2663-18.doc 2] The counsel appearing for the petitioners, on instructions, states, that necessary undertaking as specified in paragraph 36 of the communication will be tendered, so also the amount specified in the communication would also be deposited with the State Government within a period of fifteen days from today. 3] The learned AGP appearing for the State, on instructions, informs that on deposit of the amount as well as on tendering an undertaking as specified in paragraph 36 of the communication, the respondent - State Authorities would enter into a Lease Agreement with the petitioners, as expeditiously as possible and preferably within a period of fifteen days from the date of compliance.

4] It is clarified that the instant arrangement is arrived at in view of the peculiar facts and circumstances of the present case. 5] In view of above, Writ petition is disposed of. (V. L. ACHLIYA, J.) (R.M.BORDE, J.)