Jewish Cemetjewish Heritage Trust Thr Its Chief Trusteeery Trust Panvel v. State Of Maharashtra Thr Urban Development Dept And ORS

7-PIL.211.2023 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 211 OF 2023 WITH INTERIM APPLICATION NO. 9327 OF 2024 Jewish Heritage Trust } Petitioner versus State of Maharashtra & Ors.

} Respondents WITH INTERIM APPLICATION NO. 9327 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 211 OF 2023 Jewish Cemetery Trust (Panvel) } Applicant In the matter between Jewish Heritage Trust } Petitioner versus State of Maharashtra & Ors.

} Respondents Mr. Abhay Khandeparkar with Mr. Rajas Panandikar, Ms.Esha Malik and Mr. Raymond Gadkar i/b. Mr. Raymond Gadkar for petitioner.

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondent no. 1.

Mr. M. V. Thorat i/b. Mr. Rajesh Tekale for respondent no. 2. Mr. Jitendra Jagtap for respondent no. 4.

Mr. Raviraj S. Gamare for respondents 6 and 7. Mr. Sanjeev Kadam i/b. Mr. Balraj Bhondare for Intervener. CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

19th JUNE 2024

7-PIL.211.2023 P.C.:

INTERIM APPLICATION NO. 9327 OF 2024:

1.

Having regard to the facts and circumstances of the case and the subject matter of the PIL petition, this intervention application is allowed. The intervener shall be impleaded as party respondent no. 8, which may file affidavit in reply within two weeks.

2.

The interim application is disposed of.

PUBLIC INTEREST LITIGATION NO. 211 OF 2023:

3.

The respondents, as prayed, are granted three weeks' time to file affidavits in reply; rejoinder thereto, if any, may be filed by the petitioner within two weeks thereafter. 4.

Stand over to 24th July 2024.

5.

In the meantime, we direct that the conditions put by the Municipal Corporation and undertakings given in respect of the constructions in and around the cemetery shall be followed by the respondents. It shall be the duty of Panvel Municipal Corporation to ensure that all conditions are followed by the parties concerned.

(AMIT BORKAR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.06.20 16:45:35 +0530 PRAVIN DASHARATH PANDIT