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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L)NO.1332 OF 2017
Baban S. Rathatwal & Ors. ..Petitioners.
v.
The Commissioner, Mumbai Municipal Corporation
and another ..Respondents.
ALONGWITH
WRIT PETITION (L)NO.1158 OF 2017
Vishwanath Pandurang Dede & Ors. ..Petitioners.
v.
The Commissioner, Mumbai Municipal Corporation
and another ..Respondents.
ALONGWITH
WRIT PETITION NO.2638 OF 2016
Panchsheel Nagar (SRA) CHS (Proposed) ..Petitioners.
v.
The State of Maharashtra and others ..Respondents.
Mr.Himanshu Kode for the Petitioner in WPL No.1332 of 2017 and WPL
No.1158 of 2017.
Mr.Vini Joshi and Mr.Shaunak Gokhale alongwith Ms. Madhu Hiraskar
i/by Chitnis Vaithy & Co. for the Petitioner in WP No.2638 of 2016.
Ms.Geeta Shastri, Addl. GP for respondent No.5 in WPL No.1158 of
2017.
Mr.L.T. Satelkar, AGP for respondent/State in NMWL 166 of 2017.
Mr.Sukanta Karmakar, AGP for the respondent/State in WPL No.1332
of 2017.
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Mr.Hinanshu Takke, AGP for respondent State in PIL No.81/2017.
Mr.A.Y. Sakhare, Senior Counsel alongwith Mr. R.S. Apte, Senior
counsel and Ms. Pallavi Thakar and Ms. Shital Mane and Mr.J.J. Zavier
for respondent/MMC in all matters and for the applicant in NMWL
No.166 of 2017.
Mr.Suyash Gadre i/by Utangale & Co. for respondent No.5 in WP
No.2638 of 2016.
Ms.Sharmila Deshmukh for respondent No.8 in WP No.2638 of 2016
and for respondent No.6 and 7 in WPL No.1158 of 2017.
Mr.Abhijeet Purushottam Kulkarni for respondent No.3 in WPL
No.1332/2017, WPL No.1158 of 2017 and for respondent No.6 in WP
No.2638 of 2016.
Mr.Nikhil Patil i/by Mr.Prabhakar Jadhav for the petitioner in WPL
No.5339 of 2017.
CORAM : A.S. OKA &
RIYAZ I. CHAGLA, JJ.
DATE : 17th APRIL, 2018
P.C.
1 Perused the order dated 16th March 2018. In compliance with the
said order dated 16th March 2018 Shri Sumit Mullick, Chief Secretary to the
Government of Maharashtra has filed an Affidavit dated 16th April 2018
which is tendered on record by the learned AGP. When we pointed out the
fact that the Affidavit is far from being satisfactory, the learned AGP states
that the Chief Secretary will file a fresh affidavit in compliance with the order
dated 16th March 2018.
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3 We grant time to the Chief Secretary to file a fresh affidavit till 26th
April 2018. Copies of the affidavit shall be supplied to the Advocate
representing the Petitioners, Municipal Corporation and other parties on 26th
April 2018. The Mumbai Municipal Corporation will have to deal with
following issues :
i] Repairs to be carried out to the buildings at Mahul which are
already occupied by the project affected persons.
ii] Availability of the school in the vicinity of the area in which the
project affected persons have been rehabilitated.
iii] Facilities of transport to the project affected persons.
5 Place these three petitions alongwith all connected matters which are
on board today on 27th April 2018 high upon board. In the petitions where
adinterim relief is granted till today, same will continue till the next date.
(RIYAZ .I.CHAGLA, J) (A.S. OKA, J)
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