The Ashok Nagar Co Operative Housing Ltd v. The Slum Rehabilitation Authority And 18 Others

(7) wp-2227.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2227 OF 2016 The Ashok Nagar Co-operative Housing Ltd : Petitioner.

Versus

The Slum Rehabilitation Authority and ors.

: Respondents.

Mr. P K Dhakephalkar, Senior Advocate a/w Mr. Nishant Thakkar, Mr. firoz Bharucha and Ms. Jasmin Amalsadvala i/by Mint & Confreres for the Petitioner.

Mr. G D Utangale i/by Utangale & Co. for the Respondent Nos.1 and 2. Mr. Girish Godbole a/w Ms. Sneha Vani i/by M/s. Law Charter for the Respondent No.4.

Mr. Kunal Dwarkadas i/by M/s. Dastur Kalambi & Associates for the Respondent Nos.6 and 15.

CORAM :

R. M. SAVANT & SMT. SADHANA S JADHAV, JJ.

DATE :

25th JULY 2017 P.C.

On behalf of the Respondent No.4 - Developer an affidavit dated 06/12/2016 has been filed wherein it has been stated that the plot in question belonging to the Petitioners is not the subject matter of development, inasmuch as no scheme has been sanctioned for the said plot. The Respondent No.1 i.e. the SRA has also filed an affidavit dated 20/04/2017 of one Sudhir R Yewale - the Assistant Engineer of the Respondent No.1. It is stated in paragraph 3 of the said affidavit that no FSI or TDR in respect of the plot of land bearing No.A/12, bearing CTS No.4, CTS No.29, CTS No.29A, CTS No.29B and CTS No.29/1A has been sanctioned whilst sanctioning the slum rehabilitation lgc

(7) wp-2227.16 scheme which is implemented by the Respondent No.4. Hence the upshot of the said affidavits is that no slum rehabilitation scheme is sanctioned by the SRA in respect of plot No.A/12 and neither any FSI or TDR is sanctioned. In view of the said affidavits the learned Senior Counsel Shri P K Dhakephalkar appearing on behalf of the Petitioner Society seeks leave to withdraw the above Writ Petition. The above Writ Petition is accordingly allowed to be withdrawn and dismissed as such. Needless to state that the withdrawal of the above Writ Petition would not be an impediment for the Petitioners in agitating any other grievance that the Petitioners may have in respect of the plot of land in question.

[SMT. SADHANA S JADHAV, J] [R.M.SAVANT, J] lgc