Narialwadi Zopadpatti Welfare Society And ANR. v. State Of Maharashtra And 5 ORS.
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 256 OF 2019 IN WRIT PETITION NO. 2783 OF 2014 N.A.N. Enterprises ...Applicant In the matter of Narialwadi Zopadpatti Welfare Society & Anr
...Petitioners
Versus
State of Maharashtra & Ors
...Respondents
Mr RA Thorat, Senior Advocate, with Uma Sharma, i/b M/s Dharam & Co, for the Applicant/Original Respondent No.5.
Mr ZS Ansari, for the Petitioners.
Mr Hemant Haryan, AGP, for Respondent No.1.
Mr JG Reddy, for Respondent No.2.
Ms Rupali Adhate, AGP, for the MCGM.
Mr Rajesh Adsulkar, h/f Ms Archana Gaikwad, for Intervenor.
Ms Jayshree Bhojane, AO Estates, E Ward, present.
DB Rathod, Rent Collector, E Ward, present.
CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 12th July 2019 PC:- 1.
We have on record a communication from the Slum Rehabilitation Authority, which reads as under:
SLUM REHABILITATION AUTHORITY No.SRA/CLC/Desk-1/T.L.-1/605/2019 Date: 11th July 2019.
To, Shri. Jagdish Aradwad (Reddy) Advocate, Bombay, High Court.
Subject: In the High Court of Judicature at Bombay, O.O.C.J.
Notice of Motion No. 256 of 2019 in Writ Petition No. 2783 of 2014 Narialwadi Zopadpatti Welfare Society & Anr.
.. Petitioners V/s The State of Maharashtra & Ors... Respondents Reference: Reporting letter dated 09.07.2019 in the aforesaid matter.
All the facts and circumstances of the case have been brought to the notice of Secretary/SRA and Hon'ble CEO/SRA. The Authorities have directed as follows; "On considering the total facts and circumstances it is felt that the further continuation of operation of Stop Work Notice is not necessary therefore it is proposed that on next date of hearing (i.e. on 12.07.2019). We should submitted to the Hon'ble High Court that SRA is withdrawing the Stop Work Notice dated 24.06.2019 without prejudice to the rights to take action as may be require as per law, rules and regulations.
"
You are therefore requested to place before the Hon'ble High Court the above facts with liberty to take legal action in respect of irregularities etc. as may be be require. (A.L. Alaspurkar) Chief Legal Consultant/SRA.
No. SRA/CLC/Desk-1/T.L.-1/606/2019 Date: 11 July 2019 Subject:
In the High Court of Judicature at Bombay O.O.C.J.
Notice of Motion No. 256 of 2019 in Writ Petition No. 2783 of 2014 Narialwadi Zopadpatti Welfare Society & Anr.
.. Petitioners V/s.
The State of Maharashtra & Ors... Respondents Reference: 1. Reporting letter of Advocate Aradwad dated 09.07.2019 in the aforesaid matter.
2. Note bearing No. SRA/CLC/Desk- 1/T.L./598/2019 dated 10.07.2019 (Plot of land bearing CS No. 626 of 629, Narialwadi Zopadpatti Welfare Society, Sant Sawata Marg, Narialwadi Mazgaon, Mumbai 400 010.) With reference to aforesaid subject, please find herewith a copy of reporting letter of Advocate Aradwad and note of this department dated 10.07.2019.
As directed by Hon'ble CEO/SRA, you are requested to remain present before Hon'ble High Court on 12.07.2019 at 11.00 am alongwith all original file papers. You are also requested to coordinate with Advocate Aradwad - Contact No. 9324523607.
Please treat this urgent and do the needful.
(A.L. Alaspurkar) Chief Legal Consultant/SRA Shri Dalvi, Executive Engineer/SRA Shri Gujar, Dy. Collector (City)/SRA"
2.
Upon perusal of the same, it is evident that the Slum Rehabilitation Authority has withdrawn its stop work notice. 3.
In the light of the fact that the stop work notice has been withdrawn with liberty reserved in favour of the Slum Rehabilitation Authority nothing further survives in the Notice of Motion and it is disposed of.
4.
In so far as the other prayers in the Notice of Motion are concerned, we keep open all the contentions of the petitioners before us.
5.
The attempt to intervene is also not upheld in the light of the communication from the Slum Rehabilitation Authority. The intervenors' right are, therefore, always protected and do not get in any manner affected by this order.
6.
The Notice of Motion is disposed of.
(S. C. DHARMADHIKARI, J) (G. S. PATEL, J)