Faridabai Anwar Agboatwala And 7 ORS. v. The State Of Maharashtra And 48 ORS. And The Metropolitan Commissioner (Pro Res.)

1-CHSW.393.2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 393 OF 2015 IN WRIT PETITION NO. 540 OF 2010 Ateeq Anwar Agboatwala } Applicant In the matter of Faridabai Anwar Agboatwala } and Ors.

} Petitioners versus The State of Maharashtra } and Ors.

} Respondents Mr. Kevik Setalwad - Senior Advocate with Mr. Anupam Surve, Mr. Nikhil Mutha and Ms. Priyanka Gidh i/b. M/s.

Nanu Hormasjee and Co. for the Applicant/Petitioner.

Ms. I. K. Calcuttawala - AGP for Respondent Nos. 1 to 3.

Mr. Abhinav Chandrachud with Ms.

Jasmine Upadhya, Mr. Harsh Parte i/b.

M/s. M. V. Kini and Co. for Respondent No.5.

Ms. Kiran Bagalia for MMRDA (Proposed Respondent).

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- FEBRUARY 3, 2016 P.C. :- 1) Having heard both sides and particularly the proposed Respondent, namely, Mumbai Metropolitan Region Development J.V.Salunke,PA

1-CHSW.393.2015.doc Authority (MMRDA), we are of the view that the amendments, if allowed, will avoid multiplicity of proceedings and also enable the Court to render complete justice. In these circumstances, this Chamber Summons is made absolute in terms of prayer clause (a).

2) The Petition be amended in terms of the Schedule to the Chamber Summons and an amended memo of the Petition be served on the Respondents, including the newly added Respondent MMRDA.

3) Let all this be done within a period of three weeks from today.

4) Mr. Setalwad, learned Senior Counsel, on instructions, states that while carrying out amendments, the Petitioners' Attorneys will take due care and delete such of the Respondents from the array of parties who are deceased.

5) The parties are permitted to take photocopies of the proceedings on payment of cost, charges and expenses. 6) The Writ Petition be listed on 3rd March, 2016. (G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA