The Westend Gymkhana And ANR. v. State Of Maharashtra And 5 ORS.

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.367 OF 2015 IN WRIT PETITION NO.2259 OF 2014 The Westend Gymkhana & Anr.

...Applicants vs.

State of Maharashtra & Ors.

...Respondents

Mr.Pankaj Kowli i/b Mr.Rohit Pande for the applicants Mr.Vinod Mahadik for the respondent Nos.2 to 5. CORAM : A.S.OKA, & V.L.ACHLIYA,JJ.

DATE : SEPTEMBER 16, 2015 P.C.:

.

Not on board. Taken on board.

The learned counsel for the petitioners has tendered an affidavit of Shri Ashok Gupta, the Managing Trustee of the first petitioner. We have perused the affidavit. The affidavit records that the Appellate Authority has refused to give hearing to the petitioners in the Appeal under section 47 of the Maharashtra Regional and Town Planning Act,1966. We direct the petitioners or their representative to remain present before the Appellate Authority on 30th September 2015 at 3.00 p.m. The petitioners or their representative shall produce an authenticated copy of this order before

the Appellate Authority on that date.

Prayer for interim relief/prayer for stay shall be decided by the Appellate Authority as expeditiously as possible and in any event on or before 14th October 2015.

Protection granted to the petitioners under order dated 7th September 2015 is extended till 21st October 2015.

We make it clear that the Appellate Authority shall decide the issue without being influenced by grant of limited protection by this Court.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.