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Bombay High CourtRPW/22/2015disposed off

Janata Naya Nagar Co-Oprative Housing Society Ltd(Proposed) v. The Slum Rehabilitation Authority And 2 ORS And Nirmal Sra Co.Op.Hsg Ltd (Applicant)And ANR.

2015-08-27Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice V.M. Kanade2 pages

1/2 RPWL/36/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO. 36 OF 2015 IN WRIT PETITION NO. 1049 OF 2014 Janata Naya Nagar Co-operative Housing Society Limited (Proposed) .....Petitioners.

V/s The Slum Rehabilitation Authority and Others .....Respondents.

And Nirmal SRA Co-op. Housing Society Ltd. & Anr.

...... Applicants.

Mr. Anand Charanbir for the Applicants.

Mr. G.S. Hegde, i/b Mr. U.V. Singh for the original Petitioners. None for the Respondents.

CORAM: V. M. KANADE & A. S. GADKARI, JJ.

DATE:

27th August, 2015 (In Chamber at 2.35 PM) P.C.:- 1.

The grievance of the Applicants who have taken out this Review Petition is that the original Petitioners have obtained an order from this Court by suppressing the material facts. This is vehemently opposed by the learned Counsel appearing on behalf of the original Petitioners.

2/2 RPWL/36/2015 2.

It is submitted that the consent orders which were earlier passed were not brought to the notice of this court. In our view, no case is made out for reviewing our order because we have simply directed the Deputy Collector to decide the application of the original Petitioners on merits and in accordance with law expeditiously within a time bound schedule.

3.

Applicants are at liberty to file an application before the said Deputy Collector and if such an application is filed the same may also be considered on merits and in accordance with law. It is clarified that all contentions of the Applicants and the original Petitioners are kept open. We have not given direction to the Deputy Collector to allow the application of the original Petitioners but to only consider it on merits. Hence, no case is made out by the Applicants for reviewing our order. It is further clarified that merely because we have directed the Deputy collector to decide the application may not be construed to mean that we have made any observations on the merits of the case. 4.

Review Petition filed by the Applicants is disposed of in the aforesaid terms.

(A.S. GADKARI, J.) (V.M. KANADE, J.) BDPPS