Kashinath Vasudevo Bhoir And ORS v. Aishwarya Dixit And ORS.

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.11 17:17:10 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 436 OF 2025 IN WRIT PETITION NO.9645 OF 2024 Kashinath Vasudevo Bhoir & Ors.

... Petitioners

Versus

Aishwarya Dixit & Ors.

... Respondents Mr. Karandikar Amogh Kishor for the Petitioners Mr. Atharva Dandekar a/w Mr. Hitendra Parab and Ms. Khurshida Shaikh for the Respondent Nos.1, 2 and 4 Mr. R. V. Govilkar, Sr. Advocate a/w Mr. D. P. Singh for the Respondent No.3-UOI Ms. Tanu Bhatia, A.G.P for the Respondent No.5-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

FRIDAY, 11 th JULY 2025 P.C :

Learned counsel for the respondent Nos. 1, 2 and 4 have tendered affidavit-in-reply of Shri Anand Vasant Kulkarni, Chief Project Manager, Civil-IV of Mumbai Railway Vikas Corporation Ltd. The said affidavit is taken on record. 1/3

At present, neither respondent Nos. 1, 2 and 4, who are carrying out the construction work, nor the learned counsel appearing for the respondent No.3-UOI, nor the learned counsel for the Salt Department, is able to show their ownership on the land on which the construction work is being carried out. As previously noted, this Court by order dated 17th October 2024, had directed the authorities to follow due process of law, in the event the petitioner's land is to be acquired. The Court has also directed that possession of the petitioners shall not be disturbed without following due process of law. Since as of today, the ownership and possession of the land in question remain unclear, no further construction shall be carried out till the next date. At this stage, learned counsel for the petitioner seeks leave to amend to implead the Railway Authorities as party respondent No.6. Leave granted. Amendment be carried out during the course of the day.

2/3

On amendment being carried out, issue notice to the newly added respondent No.6, returnable on 25th July 2025. Learned counsel for the petitioner to supply a spare copy in the Registry within one week from today, so as to enable the Registry to issue notice to the newly added respondent No.6. Hamdast permitted.

In addition to Court notice, petitioner to serve the newly added respondent No.6, by private notice and file affidavit of service before the next date.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 3/3