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Bombay High CourtIA/14967/2024disposed off

M/S. Neelkamal Realtors Suburban Prviate Ltd And ANR v. The State Of Maharashtra Thr. Principal Secretary Urban Development Dept. And ORS

2024-11-27Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by CHAITANYA ASHOK JADHAV Date:

2024.11.28 11:58:48 +0530 1/2 16-Ia-14967-2024.doc CHAITANYA ASHOK JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14967 OF 2024 IN WRIT PETITION NO. 13935 OF 2023 M/s. Neelkamal Realtors Suburban Private Ltd.

.. Applicant

IN THE MATTER BETWEEN :

M/s. Neelkamal Realtors Suburban Private Ltd.

.. Petitioner

Versus

The State Of Maharashtra, Through its Principal Secretary Urban Development Department And Ors.

.. Respondents ...

Mr. Girish Godbole, Senior Counsel a/w Ms. Rujuta Patil, for the Applicant/Petitioner.

Mr. N. R. Bubna, for the Respondent Nos.3 and 4. Mr. Y. D. Patil, A.G.P., for the Respondent-State. ...

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 27th NOVEMBER, 2024 P.C:- 1.

Pursuant to the order dated 20.09.2024, when we expected the Corporation to place before us its stand with precision, pursuant to the subsequent development, the MiraBhayandar Municipal Corporation on 07.10.2024 Chaitanya

2/2 16-Ia-14967-2024.doc communicated its decision to the Petitioner, which necessarily is a reiteration of its earlier stand.

However, in order to avoid a stand being adopted by the Corporation that no challenge is raised to the latest communication issued by the Corporation, the Interim Application seek amendment in the Writ Petition in terms of the Schedule annexed thereto.

On perusal of the Schedule, it could have led to us that it comprises of various grounds in assailing the impugned letter/communication dated 07.10.2024.

2.

Mr. Bubna, the learned counsel representing the Corporation, has no objection specifically in allowing the amendment except that he seek liberty from this Court to file his response to the amended portion of the Petition, which we have no hesitancy to permit.

Interim Application No. 14967 of 2024 is allowed in terms of prayer clause (a).

The necessary amendment in terms of Schedule is permitted to be effected within a period of three days from today with a direction to serve the amended copy of the Petition upon Mr. Bubna, who represent the contesting Respondent 'the Corporation'.

We expect Mr. Bubna to file his affidavit on or before 04.12.2024 and we direct listing of the Petition on 12.12.2024 at 9.30 a.m.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Chaitanya