← Library
Bombay High CourtWP/17980/2024disposed off

Vivek Singh And ORS v. Union Of India Through Ministry Of Railway And ORS

2024-12-13Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17980 OF 2024 Vivek Singh & Ors .. Petitioners

Versus

Union of India & Ors .. Respondents Ms.Ferzana Behramkamdin, with Ms.Bharti Bhansali, Ms.Rupa S. i/b FZB & Associates, Advocates for the Petitioners. Mr.Suresh Kumar, Advocates for the Respondent/Railway Authority.

Mr.Hari Shanker Singh Kushwaha s/o Shri Mahadeo Singh, Senior Section Engineer (Works) Borivali (E) is present in Court. by ANJALI TUSHAR ASWALE Date: 2024.12.16 16:16:06 +0530 ANJALI TUSHAR ASWALE CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

At the outset, Ms.Behramkamdin, the learned counsel appearing on behalf of the Petitioners tenders a draft amendment to the above Writ Petition to bring on record certain subsequent developments which happened on 11th December 2024.

2.

Considering this is a pre-admission amendment and the amendment seeks to bring on record certain facts which occurred after the

filing of the Petition, the draft amendment tendered today is taken on record and marked "X" for identification. The Petitioners are permitted to amend the above Writ Petition in terms of the draft handed in within a period of one week from today.

3.

The above Writ Petition is urgently moved because, according to the Petitioners, the Respondent- Railway Authorities are usurping the land of the Petitioners and are carrying on construction thereon. Mr.Suresh Kumar, the learned counsel appearing on behalf of the Railway Authorities, on instructions, states that no construction activity is being done by the Railway Authorities on Survey No.118 and which belongs to the Petitioners. 4.

We accept the said statement as an undertaking given to the Court. The Railway Authorities are now directed to file their affidavit in reply to the above Petition as amended. In the affidavit in reply, they shall also disclose to the Court on which Survey Numbers they are carrying their construction.

5.

Place the above Writ Petition on Board on 14th January 2025.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]