Rizvi Builders (Mr. Akhtar Hasan Rizvi Sole Prorpietory) v. F.E. Dinshwaw Charities A Public Trust And 5 ORS. (Municipal Corpn. Of Gr. Mumbai.... Applicant)
chs 82 of 2014 (907).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.82 OF 2014 IN SUIT NO.2507 OF 2011 The Brihanmumbai Municipal Corporation and Anr.
...
Applicants and Akhtar Hasan Rizvi ...
Plaintiff versus F.E.Dinshaw Charities, a Public Trust and Ors.
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Defendants Mr. Sarosh Bharucha with Mr. Mahesh Mishra i/by Mr. Ravi Thankaian, for Plaintiff. Mr. Rohaan Cama i/by Ms. Mukta Gobse, for Defendant Nos.1 to 5. Mr. U.S.Upadhya, AGP, for Defendant No.6.
Mr. Nitin G.Raut with Mrs. G. Vas andMs. Sunita Serrao, for Applicants in CHS 945 of 2014.
Mr. Hemant Deshpande with Mr. R.
Y.Sirsikar for BMC (Applicant) in CHS No.82 of 2014.
CORAM: S.J. KATHAWALLA, J.
DATE: 14 th OCTOBER, 2015 P.C.:
1.
The above Chamber Summons is taken out by the Municipal Corporation to be joined as a party Defendant to the above Suit. 2.
The Plaintiff has filed the above Suit against the Defendants interalia for a declaration that the Agreement for Sale under Exhibits B, C and D entered into between the Plaintiff and Defendant Nos.1 to 5 are valid, subsisting and binding on the parties thereto and for an order and decree against Defendant Nos.1 to 5 to specifically ssp 1/2
chs 82 of 2014 (907).sxw perform the sale agreement under Exhibits B, C and D of the Plaint. The ground on which the Corporation seeks to be joined as a party Defendant to the above Suit is that "a Notification has been issued by the Government of Maharashtra being No. TPB4310/2349/CR-262/2010/UD-11 dated 30-01-2012, whereby the State Government has reserved land admeasuring about 0.8 hector of CTS No.15/A of Village Malad in residential zone for public purpose of Christian Cemetery and an extension of the Hindu Cemetery with 9.00 mt. as well as a proposed road from the existing road to the cemetery through reservation of recreation ground". 3.
When this Court pointed out to the learned Advocate for the Corporation that the Corporation is neither a necessary nor a proper party to the above Suit and the Chamber Summons cannot be allowed, he submitted that in that event the Court may in its order clarify "that the Corporation shall be at liberty to take action available to them in accordance with law, pursuant to the Notification". In view thereof, the following order is passed : (i) The Municipal Corporation of Greater Mumbai shall be at liberty to take steps pursuant to the Notification in accordance with law. (ii)All contentions of the parties including Applicants in CHS No.945 of 2014 are kept open.
(ii)The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2