The Principle,Willingdon College Of Dec. Soc.Pune And ORS v. The Government Of Maharashtra And ORS.

905.ia.1385.2021.doc Chaitali Ekke

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1385 OF 2021 IN FIRST APPEAL NO. 318 OF 2003 The Principal, Willingdon College of Deccan Education Society, Pune and Ors.

...

Applicants (Appellants in First Appeal) In the matter between The Principal, Willingdon College of Deccan Education Society, Pune and Ors.

...Appellants V/s.

The Government of Maharashtra and Ors.

...Respondents

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Ms. Druti Datar, Advocate for Applicants.

Mr. A.R. Patil, Additional G.P. for State/Respondent. Ms. Shayamali Gadre a/w Ms. Harshita Bhanushali a/w Ms. Janhavi Gaikwad i/b M/s. Little & Co., Advocates for Respondent No.3 (MIDC). ....

CORAM

: K. R. SHRIRAM & RAJESH S PATIL, JJ.

DATED : 1st February, 2023 P.C.:

This Interim Application is taken out by Applicants to permit them to construct a compound wall along the boundary of the property, as denoted in the sketch annexed at Exhibit 5 to the said Application. Respondent No.3 MIDC opposed the Application stating that the boundary over which Applicants seek to erect a compound wall is on a peace of land which does not belongs to Applicants but it belongs to MIDC.

905.ia.1385.2021.doc Without going into the details, we shall only record the statement made by Ms. Datar today that Applicants would erect a compound wall only within the boundary of the land that belongs to Applicants. Ms. Datar, therefore, seeks leave to withdraw the Application with liberty to apply to MIDC / appropriate authorities for erecting a wall in the land that belongs to Applicants. Applicants shall satisfy MIDC / Concerned Authority that the proposed wall to be erected will not encroach in any property that does not belong to Applicants.

Concerned Authority / MIDC will consider the Application on its own merits and in any case for reasons mentioned in the Application, within four weeks of receiving the Application. Application disposed.

We clarify that we have not made any observations on the merit of Application.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)