City And Industrial Development Corporation v. Indian Institute Of Architech Navi Mumbai Center

KAWRE KIRAN KALYAN 1-IA(ST)-6381-2025.DOC KAWRE KIRAN KALYAN Date: 2025.06.18 17:36:55 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (St.) NO. 6381 OF 2025 WITH REVIEW PETITION (St.) NO. 6376 OF 2025 IN PUBLIC INTEREST LITIGATION NO. 28 OF 2019 M/s. Progressive Homes ...Review Petitioner/

IN THE MATTER BETWEEN

Indian Institute of Architects

...Petitioner

Versus

The City and Industrial Development Corporation & Ors.

...Respondents

WITH INTERIM APPLICATION (St.) NO. 7806 OF 2025 WITH INTERIM APPLICATION NO. 7807 OF 2025 WITH REVIEW PETITION IN PIL (St.) NO. 1719 OF 2025 IN PUBLIC INTEREST LITIGATION NO. 28 OF 2019 _______ Mr. Aspi Chinoy, Sr. Adv. a/w Mr. Girish Godbole, Sr. Adv., Mr. Nachiket Khandalkar, Ms. Shamim Shaikh i/b Mr. Vijay K. Aggarwal for the Petitioner in RPW(ST) No.6376 of 2025 and Applicant in IA(ST) No.6381 of 2025. Mr. Ravi Prakash, Sr. Adv. a/w Mr. Farman Ali, Mr. Sagar Shetty, Mr. Lakshay Mehta, Soham Bhalerao for CIDCO / Petitioner in RPI(ST) No. 1719 of 2025 and Applicant in IA(ST) No.7806 of 2025 a/w IA No.7807 of 2025. Mr. Indrajeet R. Kulkarni for Respondent No.1 / Org. Petitioner in PIL No. 28 of 2019.

Mr. Aspi Chinoy, Sr. Adv. a/w Mr. Girish Godbole, Sr. Adv., Mr. Nachiket Khandalkar, Ms. Shamim Shaikh i/b Mr. Vijay K. Aggarwal for the Petitioner. Mr. Manish Pabale, AGP for the State/Respondent Nos.2, 4, 6 & 7. Mr. Tejesh Dande a/w Mr. Bharat Gadhavi for Respondent No.3 / NMMC. Mr. Vijay Kumar Aggarwal a/w Ms. Shamim Shaikh for the Respondent No.5 in RP(ST) No.1719 of 2025.

Ms. Nilima Sanglikar for Respondent No.8.

Mr. Manish M. Pabale, AGP for the State.

Mr. S. S. Borade, Law Officer, JDTP Konkan, Present. _______ 13 June 2025 Kiran Kawre

1-IA(ST)-6381-2025.DOC

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE:

13 JUNE 2025 P.C.

1. Mr. Pabale, learned AGP would intend to take instructions in regard to the actual demarcation of the land in question to be handed over to the State Government for setting up of a Sports Complex as held by this Court in its judgment and order dated 1 July 2024, against which Special Leave Petition filed by the Review petitioner, has been dismissed by the Supreme Court by an order dated 4 November 2024. The demarcation of the land as suggested and placed before us, is as suggested and set out in the letter dated 12 June 2025 addressed by Joint Director Town Planning, Konkan Division, Navi Mumbai to the Government Pleader High Court (Appellate Side). Be it so, the only concern of the Court is to the effect that the State Government receives such land from CIDCO in terms of the decision of the Division Bench and which is wholly and fully available for construction of the State Government's Sports Complex, without any restrictions of any nature whatsoever.

2. We adjourn the proceedings at the request of Mr. Pabale to 11 July 2025 at 5.15 p.m. for appropriate affidavit to be placed on record. (JITENDRA JAIN, J.) (G. S. KULKARNI, J.) 13 June 2025 Kiran Kawre