Tukaram Narayan Anavkar And 2 Others v. Maharashtra Hsg. And Area Development Authority And 10 ORS And Prakash V Kedar And ORS(Intervener)

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION DIKSHA DINESH RANE DIKSHA DINESH RANE Date: 2022.06.29 19:27:05 +0530 PUBLIC INTEREST LITIGATION NO. 16 OF 2018 Brihan Mumbai Bhadekaru Parishad & anr. ..Petitioners vs.

State of Maharashtra & ors.

..Respondents WITH WRIT PETITION NO. 1935 OF 2016 Tukaram Narayan Anavkar & ors.

..Petitioners vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents WITH CHAMBER SUMMONS NO. 205 OF 2019 IN WRIT PETITION NO. 1935 OF 2016 Ramesh Hanumant Nandagaonkar & ors.

..Applicants Interveners In the matter between Tukaram Narayan Anavkar & ors.

..Petitioners vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents WITH CHAMBER SUMMONS NO. 206 OF 2016 IN WRIT PETITION NO. 1935 OF 2016 Prakash Vasant Kedar & ors.

..Applicants Interveners In the matter between Tukaram Narayan Anavkar & ors.

..Petitioners

vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents WITH WRIT PETITION NO. 854 OF 2017 Prakash Vasant Kedar & ors.

..Petitioners vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents WITH CHAMBER SUMMONS NO. 112 OF 2017 IN WRIT PETITION NO. 854 OF 2017 Ramesh Hanumant Nandagaonkar & ors.

..Applicants Interveners In the matter between Prakash Vasant Kedar & ors.

..Petitioners vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents ------------ Ms. Ronita Bhattacharya Bector for the petitioners in PIL/16/2018.

Mr. Mihir Desai, Senior Advocate a/w. Mr. Chetan Mali for petitioner in WP/1935/2016.

Ms. Nisha Shah a/w. Mr. Darshit Rupda i/b. M/s. Kalpesh Joshi Associates for petitioner in WP/854/2017.

Mrs. P. H. Kantharia, Government Pleader for respondent no.1 in PIL/16/2018 - State.

Mr. Hemant Haryan, AGP for respondent no.2 - State in WP/1935/2018.

Mr. L. T. Satelkar, AGP for respondent no.2 - State in WP/854/2017.

Mr. K. H. Mastkar for respondent no.4 -MCGM in PIL/16/2018. Mr. P. G. Lad a/w. Ms. Sayali Apte for respondent no.3 - MHADA.

Mr. Akshay J. Kandarkar i/b. Mr. Rajesh S. Datar for respondent nos. 4 to 9 in WP/1935/2016 and WP/854/2017. Mr. Kamlesh Ghumre a/w. Ms. Sonali Jadhav and Mr. Krishna Eppar for respondent no.10 in PIL/16/2018 and for respondent no.15 in WP/1935/2016 and respondent no.12 in WP/854/2017.

Mr. Karl Tamboly a/w. Ms. Alya Khan a/w. Ms. Chandni Dewani i/b. Vashi & Vashi for respondent nos. 6, 11, 12 and 13 in PIL/16/2018 and for respondent No.11 in WP/1935/2016 and WP/854/2017.

Mr. Sagar Divekar a/w. Mr. Abhimanyu Mhapankar for applicants/interveners in CHSW/205/2019 in WP/1935/2016 and CHSW/112/2017 in WP/854/2017.

------------ CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : JUNE 27, 2022.

P.C. :

1.

Our attention is invited to the order dated May 2, 2022 passed by us. Mr. Lad, learned counsel appearing on behalf of respondent no.3 requests for a week's time more to comply with paragraphs (5) and (6) of the order dated May 2, 2022.

2.

In the interest of justice, time to file the requisite affidavit, in terms of paragraphs 5 and 6 of the order dated May 2, 2022 is extended by a further period of one (1) week.

3.

Learned counsel appearing on behalf of the respondents 6, 11, 12 and 13 submits that the direction in paragraph 4 of the order dated May 2, 2022 is duly complied with.

4.

It is brought to our notice that in PIL No. 16 of 2018, Macrotech Developers Limited has already been brought on record as respondent no.12 pursuant to the amendment carried out as per order dated May 2, 2022. Having regard to the fact that Macrotech Developers Limited is already impleaded in the PIL petition, learned counsel for the petitioner in Writ Petition No. 1935/2016 prays that the petitioner be permitted to amend the petition so as to implead Macrotech Developers Limited as respondent no. 16 in Writ Petition No. 1935 of 2016.

5.

Leave to amend, as prayed for, is granted. Amendment to be carried out within a period of two (2) weeks from today. Amended copy of the writ petition be served on all concerned.

6.

Stand over to July 18, 2022.

(M. S. KARNIK, J.) (CHIEF JUSTICE)