Ganga Singh Achhar Singh Sour And 3 ORS v. Chandrakanta Chamanlal Oberoi And 4 ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION VASANT ANANDRAO IDHOL Date: 2022.09.17 12:29:48 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.538 OF 2019 Ganga Singh Achhar Singh Sour & Ors.
...Petitioners
V/s.
The Municipal Corporation of Gr. Mumbai & Ors.
...Respondents
WITH WRIT PETITION NO.3509 OF 2019 Chandrakanta C. Oberoi
...Petitioner
V/s.
State of Maharashtra & Ors.
...Respondents
WITH INTERIM APPLICATION NO.2510 OF 2021 IN WRIT PETITION NO.3505 OF 2019 Ganga Singh A.S. Sour & Ors.
... Applicants
IN THE MATTER BETWEEN :
Chandrakanta C. Oberoi & Ors.
...Petitioners
V/s.
State of Maharashtra & Ors.
...Respondents
WITH INTERIM APPLICATION (LDG.) NO.19811 OF 2021 IN WRIT PETITION NO.3505 OF 2019 Chandrakanta C. Oberoi ... Applicant
IN THE MATTER BETWEEN :
Chandrakanta C. Oberoi ... Petitioner 1/4
V/s.
State of Maharashtra & Ors.
...Respondents
WITH INTERIM APPLICATION NO.2427 OF 2020 IN WRIT PETITION NO.538 OF 2019 NOT ON BOARD TAKEN ON BOARD) Star Pack & Ors.
...Applicants
IN THE MATTER BETWEEN :
Ganga Singh A.S. Sour & Ors.
... Petitioners V/s.
The Municipal Corporation of Gr. Mumbai & Ors.
...Respondents
Mr.Akshay Kapadia with Mr.M.B. Sherekar i/b Shashikant Sawadkar for the Petitioners in WP No.538 of 2019 and Applicant in IA No.2510 of 2021.
Mr.J.S. Kini with Ms.Sapna Krishnappa for the Petitioner in WP No.3505 of 2019 and for the Respondent Nos.4 and 5 in WP No.538 of 2019 and for the Applicant in IA(L) No.19811 of 2021. Mr.Hemant Haryan, A.G.P. for the Respondent Nos.2 and 3 - State in WP Nos.2 and 3 in WP No.538 of 2019.
Ms.Uma Palsule desai, AGP for the Respondent No.1 and 4 - State in WP No.3505 of 2019.
Mr.N.R. Bubna with Ms.Oorja Dhond i/b S.K. Sonawane for the Respondent No.1 in WP No.538 of 2019 and for the Respondent Nos.2 and 3 in WP No.3505 of 2019.
Mr.S.G. Mahamuni i/b Mr.Narendra M. Gharat for the Intervenor in IA No.2427 of 2020 in WP No.538 of 2019.
CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.
DATE : 13TH SEPTEMBER, 2022.
P.C. :- 2/4
1.
Mr.Kapadia, learned counsel for the petitioners, on instructions, states that the applicants have no objection to file irrevocable consent as filed by some of the other tenants which is annexed at pages 370 to 397 to the additional affidavit on behalf of the petitioners filed in Writ Petition No.3505 of 2019 within one week from today subject to the rights of his clients to file a civil suit or any other appropriate remedy available in law for recovery of transit rent or any other monetary claim they propose to claim against the petitioners in Writ Petition No.3505 of 2019. Statement is accepted. 2.
Learned counsel however, states that in addition to these petitioners, there are 14 other tenants that are also ready and willing to file irrevocable consent in favour of the developer. He seeks leave to implead those 14 tenants as petitioners no.5 to 18. Leave to amend is granted till 5.00 p.m. tomorrow. Learned counsel undertakes to file Vakalatnama on behalf of the newly added petitioners no.5 to 18 within one week from today. The petitioners no.5 to 18 shall also file irrevocable consent in favour of the developer within one week from today.
3.
In view of the statement made by the learned counsel for the petitioners, we grant liberty to the petitioners including the newly added petitioners to file appropriate proceedings in the appropriate forum they propose to claim.
3/4
4.
The developer would be entitled to rely upon these consents while making an application for IOD and CC as the case may be. Upon compliance by the petitioners of the requisitions made by the Corporation in Writ Petition No.3505 of 2019, the Municipal Corporation to issue IOD and CC expeditiously. 5.
Both the writ petitions are disposed off in aforesaid terms. Pending interim applications, if any, are also disposed off. There shall be no order as to cost.
(KAMAL KHATA, J.) (R.D. DHANUKA, J.) 4/4