Krupa Sagar Sah. Gurha Nirman Sanstha Mary. Nagpur Thr. President Mr. Abdul R. A. Jabbar And Others v. Nagpur Municipal Corporation Through Municipal Commissioner, Nagpur And Others

12.12.wp.2544.17+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NOS.2544 & 2844 BOTH OF 2017 IN WRIT PETITION NO. 6972/2016 (1.Krupa Sagar Sahakari Gruha Nirman Sanstha Nagpur and others vs. Nagpur Municipal Corporation and and others vs. Mulbhut Vikas Samiti and Sau.Swati Chandrakant Akhatkar) .......................................................... ............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. S/shri Kulsange/ Uday Dable, Advocates for applicants/intervenors CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATED : 12th December, 2017.

1.

Heard.

2.

Though counsel for petitioners is opposing, as we do not see any prejudice caused to petitioners or their cause, both Civil Applications are allowed. The applicants be added as partyintervenors by carrying out necessary amendment within one week. Liberty to intervenors/applicants to file necessary submissions within next two weeks.

3.

Prima facie, it appears that open land in layout of petitioner no.1-society does not vest either in Corporation or State Government. How without acquiring it respondent nos.1 and 2 have proposed any work through public money on it, is not clear.

4.

Adv,Quazi, has pointed out that President of petitioner no.

12.12.wp.2544.17+ 1-Society has sold public utility land to his son and wife. It is apparent that validity of such sale deed can be looked into by this Court while considering the challenge further. 5.

We list the matter for further consideration on 22.1.2018. Parties to file their additional affidavits, if any, in the meanwhile. 6.

Till then, parties to maintain status quo as on today. JUDGE JUDGE sahare