← Library
Bombay High CourtIA/1143/2023dismissed

Ambika S.R.A. Sahakari Grih Nirman Sanstha (Proposed) v. Santosh Tukaram Patil And 30 ORS.

2023-09-04Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1143 OF 2023 IN WRIT PETITION (L) NO. 26976 OF 2022 Ambika S.R.A. Sahakari Grihnirman Sanstha (Proposed) ...

Applicants

IN THE MATTER BETWEEN

Santosh Tukaram Patil and Ors.

...

Petitioners V/s.

Slum Rehabilitation Authority and Ors.

...

Respondents ------------------- Mr. Mayur Khandeparkar with Mr. Z.A. Jariwala with Mr. Ganesh Ambekar I.by MDP Partners for petitioners.

Mr. Cherag Balsara a/w. Mr. Dipen Furia I.by M/s. Shah and Furia Associates for applicant/proposed respondent no. 6. Mr. Sharan Jagtiani, Senior Counsel with Ish Jain with Ms. Rashmin Kandekar with Mr. Akshay Patil with Mr. Akshay Doctor with Mr. Kuan Jain with Duj Jain with Vinayak Siraskar a/w. Mr. Mahek Jain I.by Kiran Jain and Co for respondent no. 3.

Mr. S.B. Gore - AGP for the respondent / State. Mr. Awais Ahmedji I.by Mr. Shabnam Shaikh for applicant in IAL/23951 OF 2023.

--------------------- CORAM : SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA, JJ DATE : 4th SEPTEMBER 2023.

PC:

1.

By this application, the proposed society or slum dwellers 15-ia1143-2023 in wpl-26976-2022.doc varsha

are seeking to intervene in the matter and that is why the proposed society has sought its impleadment as party respondent to this petition. 2.

According to learned counsel for the proposed society the scheme being implemented by the developer must proceed as it is. In other words the proposed society is in favour of implementation of the SRA scheme by the developer. Developer is already a party to this petition and the interest of the proposed society, as we see, is being already taken care of by the developer as a party to this petition. That being so, we do not think it necessary that the proposed society should also be made a party respondent to this petition. The application is dismissed.

(FIRDOSH P. POONIWALLA, J) (SUNIL B. SHUKRE, J) 15-ia1143-2023 in wpl-26976-2022.doc varsha