SLP(C) No...... CC 5916 of 2015 ITEM NO.53 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No........./2015 CC No. 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014 in WP No. 1087/2014 passed by the High Court Of Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) I.A. 1/2015(with c/delay in filing SLP and office report) Date : 15/05/2015 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. J.J. Xavier, Adv. Ms. Jayashree Wad, Adv. Mr. Ashish Wad, Adv. Ms. Kanika Baweja, Adv. Mr. Anshuman Srivastava, Adv. Ms. Promita Majumdar, Adv. For M/s. J. S. Wad & Co., Advs. For Respondent(s) For RR 1 & 2 Mr. Rakesh Kumar Khanna, Sr. Adv. Mr. Aman Vachher,Adv. Mr. Ashutosh Dubey, Adv. Mr. Harsh Sharma, Adv. Mr. Abhishek Chauhan, Adv. Mr. Anirudh Tanwar, Adv. Mr. P. N. Puri, A.O.R. For State Mr. Nishant R. Katneshwarkar, A.O.R. UPON hearing counsel the Court made the following O R D E R Delay condoned PAGE NO. 1 OF 3
SLP(C) No...... CC 5916 of 2015 The petitioners are aggrieved by the order of the Division Bench of the Bombay High Court dated 3 rd December, 2014 wherein paragraph 7 interim directions were issued and resultantly, the petitioners have been directed as under:- “ 7. Having heard the learned counsel for the parties, we are of the view that interests of justice will be served if the following interim directions are given: (a) The Municipal Corporation shall consider and process the petitioner's application dated 17 October 2013 for development permission in accordance with law for the petitioner's project on land bearing City Survey No. 410, which is the area known as “Hughes Road, Mumbai”. In case the State Government accepts the proposal of 1999 but not the modified proposal of 2007, then nothing further is required to be done; (b) In case the State Government accepts the proposal of 1999 but not the modified proposal of 2007, then nothing further is required to be done; (c) However, if the State Government accepts the proposal of 2007 for reducing the area of Marine Drive Heritage precincts, then the Municipal Corporation shall proceed to take final decision in the matter of issuance of IOD upon compliance with all the statutory requirements; (d) In case the State Government does not take any decision to include the land bearing City Survey No. 410 into the proposed Marine Drive Heritage Precincts by 31 st January, 2015, the Municipal Corporation shall issue IOD in accordance with law upon compliance with all the statutory requirements by PAGE NO. 2 OF 3
SLP(C) No...... CC 5916 of 2015 15 February, 2015 and the petitioner shall not commence construction till 28 February, 2015.” When this Special Leave Petition was listed earlier after notice, based on the representation made on behalf of the petitioners by the learned Attorney General, we recorded the stand taken on behalf of the State Government, that the State Government will take a decision as regards proposed modified Master Plan relating to the Marine Drive precincts and based on the said decision the petitioners will be able to consider the grievance of the respondents and also implement the direction of the Division Bench of the High Court made in paragraph 7. Today, the relevant Government Order of the State Government dated 5 th May, 2015 by way of Resolution No. TPB 4315/28/CR-12/2015/UD-II has been placed before us along with the Plan attached with it. Based on the said Notification, it was submitted before us on behalf of the petitioners that the petitioners will now consider the respondents' application PAGE NO. 3 OF 3
SLP(C) No...... CC 5916 of 2015 dated 17 th October, 2013 for sanction of the Plan and only prayed for extension of time referred to in paragraph 7 of the Division Bench order wherein the petitioners were directed to consider and comply with the directions by 15 th February, 2015. Having regard to the subsequent development by way of present Resolution passed by the State Government on 5 th May, 2015, we extend the time by one month from today i.e. 15 th February, 2015 shall stand altered as 15 th June, 2015. With the above limited modification extending the time for compliance, the Special Leave Petition stands disposed of. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 4 OF 3
\216A SLP(C) No...... CC 5916 of 2015 ITEM NO.53 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No........./2015 CC No. 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014 in WP No. 1087/2014 passed by the High Court Of Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) I.A. 1/2015(with c/delay in filing SLP and office report) Date : 15/05/2015 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. J.J. Xavier, Adv. Ms. Jayashree Wad, Adv. Mr. Ashish Wad, Adv. Ms. Kanika Baweja, Adv. Mr. Anshuman Srivastava, Adv. Ms. Promita Majumdar, Adv. For M/s. J. S. Wad & Co., Advs. For Respondent(s) For RR 1 & 2 Mr. Rakesh Kumar Khanna, Sr. Adv. Mr. Aman Vachher,Adv. Mr. Ashutosh Dubey, Adv. Mr. Harsh Sharma, Adv. Mr. Abhishek Chauhan, Adv. Mr. Anirudh Tanwar, Adv. Mr. P. N. Puri, A.O.R. For State Mr. Nishant R. Katneshwarkar, A.O.R. UPON hearing counsel the Court made the followingSignature Not Verified O R D E RDigitally signed byKalyani GuptaDate: 2015.05.2915:33:57 ISTReason: Delay condoned PAGE NO. 1OF 3SLP(C) No...... CC 5916 of 2015 The petitioners are aggrieved by the order of the Division Bench of the Bombay High Court dated 3rd December, 2014 wherein paragraph 7 interim
directions were issued and resultantly, the petitioners have been directed as under:- "7. Having heard the learned counsel for the parties, we are of the view that interests of justice will be served if the following interim directions are given: (a) The Municipal Corporation shall consider and process the petitioner's application dated 17 October 2013 for development permission in accordance with law for the petitioner's project on land bearing City Survey No. 410, which is the area known as "Hughes Road, Mumbai". In case the State Government accepts the proposal of 1999 but not the modified proposal of 2007, then nothing further is required to be done; (b) In case the State Government accepts the proposal of 1999 but not the modified proposal of 2007, then nothing further is required to be done; (c) However, if the State Government accepts the proposal of 2007 for reducing the area of Marine Drive Heritage precincts, then the Municipal Corporation shall proceed to take final decision in the matter of issuance of IOD upon compliance with all the statutory requirements; (d) In case the State Government does not take any decision to include the land bearing City Survey No. 410 into the proposed Marine Drive Heritage Precincts by 31st January, 2015, the Municipal Corporation shall issue IOD in accordance with law upon compliance with all the statutory requirements byPAGE NO. 2OF 3SLP(C) No...... CC 5916 of 2015 15 February, 2015 and the petitioner shall not commence construction till 28 February, 2015." When this Special Leave Petition was listed earlier after notice, based on the representation made on behalf of the petitioners by the learned Attorney General, we recorded the stand taken on behalf of the State Government, that the State Government will take a decision as regards proposed modified Master Plan relating to the Marine Drive precincts and based on the said decision the petitioners will be
able to consider the grievance of the respondents and also implement the direction of the Division Bench of the High Court made in paragraph 7. Today, the relevant Government Order of the State Government dated 5th May, 2015 by way of Resolution No. TPB 4315/28/CR-12/2015/UD-II has been placed before us along with the Plan attached with it. Based on the said Notification, it was submitted before us on behalf of the petitioners that the petitioners will now consider the respondents' applicationPAGE NO. 3OF 3SLP(C) No...... CC 5916 of 2015 dated 17th October, 2013 for sanction of the Plan and only prayed for extension of time referred to in paragraph 7 of the Division Bench order wherein the petitioners were directed to consider and comply with the directions by 15 th February, 2015. Having regard to the subsequent development by way of present Resolution passed by the State Government on 5th May, 2015, we extend the time by one month from today i.e. 15th February, 2015 shall stand altered as 15th June, 2015. With the above limited modification extending the time for compliance, the Special Leave Petition stands disposed of. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTER
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ITEM NO.48 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)....../2015 CC No(s). 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014,03/12/2014 in WP No. 1087/2014 passed by the High Court of Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 17/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Ashish Wad,Adv. Mrs. Archna Joshi,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J. S. Wad & Co. For Respondent(s) Mr. Rakesh Khanna,Sr.Adv. Mr. Aman Vachher,Adv. Mr. Yadunath Chaudhri,Adv. Mr. Ashutosh Dubey,Adv. Mr. Harsh Sharma,Adv. Mr. Abhishek Chauhan,Adv. Mr. Akshay Rawal,Adv. Mr. Anirudh Tanwar,Adv. Mr. P. N. Puri,Adv. For State of Mr. A.P. Mayee,Adv. Maharashtra Mr. Charudatta Mahindrakar,Adv. Mr. A. Selvin Raja,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A.P. Mayye, learned counsel representing the State makes a statement that the State Government will take a decision and 1
announce the same within four weeks from today. The Government is directed to take a decision and announce the same on or before 13.05.2015. List the matter on 15.05.2015 (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER 2
\230 ITEM NO.48 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)....../2015 CC No(s). 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014,03/12/2014 in WP No. 1087/2014 passed by the High Court of Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 17/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Ashish Wad,Adv. Mrs. Archna Joshi,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J. S. Wad & Co. For Respondent(s) Mr. Rakesh Khanna,Sr.Adv. Mr. Aman Vachher,Adv. Mr. Yadunath Chaudhri,Adv. Mr. Ashutosh Dubey,Adv. Mr. Harsh Sharma,Adv. Mr. Abhishek Chauhan,Adv. Mr. Akshay Rawal,Adv. Mr. Anirudh Tanwar,Adv. Mr. P. N. Puri,Adv. For State of Mr. A.P. Mayee,Adv. Maharashtra Mr. Charudatta Mahindrakar,Adv. Mr. A. Selvin Raja,Adv. UPON hearing the counsel the Court made the followingSignature Not Verified O R D E RDigitally signed byNarendra PrasadDate: 2015.04.1811:53:12 ISTReason: Mr. A.P. Mayye, learned counsel representing the State makes a statement that the State Government will take a decision and 1announce the same within four weeks from today. The Government is directed to take a decision and announce thesame on or before 13.05.2015. List the matter on 15.05.2015 (NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER 2
SLP(C) NO..... ...CC 5916 OF 2015 ITEM NO.54 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No........./2015 CC No. 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014 in WP No. 1087/2014 passed by the High Court of Judicature at Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) (With application for condonation of delay in filing SLP and office report) Date : 10/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mukul Rohatgi, A.G. Mr. Shyam Diwan, Sr. Adv. Mr J.J. Xavier, Adv. Mr. Ashish Wad, Adv. Mr. Anshuman Srivastava, Adv. For M/s. J. S. Wad & Co.,Advs. For Respondent(s) Dr. Abhishek Manu Singhvi, Adv. For Rr 1-2 Mr. Aman Vachchar, Adv. Mr. Yadunath Choudhuri, Adv. Mr. Ashutosh Dubey, Adv. Mr. Harsh Sharma, Adv. Mr. Abhishek Chauhan, Adv. Mr. akshay Rawal, Adv. Mr. P. N. Puri, A.O.R. UPON hearing counsel the Court made the following O R D E R List this matter on 17 th April, 2015. Let the counsel for the petitioner effect PAGE NO. 1 OF 2
SLP(C) NO..... ...CC 5916 OF 2015 notice on the counsel appearing for the State in the meantime. [KALYANI GUPTA] COURT MASTER [RAJINDER KAUR] COURT MASTER PAGE NO. 2 OF 2
¦ SLP(C) NO..... ...CC 5916 OF 2015 ITEM NO.54 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No........./2015 CC No. 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014 in WP No. 1087/2014 passed by the High Court of Judicature at Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) (With application for condonation of delay in filing SLP and office report) Date : 10/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mukul Rohatgi, A.G. Mr. Shyam Diwan, Sr. Adv. Mr J.J. Xavier, Adv. Mr. Ashish Wad, Adv. Mr. Anshuman Srivastava, Adv. For M/s. J. S. Wad & Co.,Advs. For Respondent(s) Dr. Abhishek Manu Singhvi, Adv. For Rr 1-2 Mr. Aman Vachchar, Adv. Mr. Yadunath Choudhuri, Adv. Mr. Ashutosh Dubey, Adv. Mr. Harsh Sharma, Adv. Mr. Abhishek Chauhan, Adv. Mr. akshay Rawal, Adv. Mr. P. N. Puri, A.O.R. UPON hearing counsel the Court made the following O R D E RSignature Not Verified List this matter on 17th April, 2015.Digitally signed byKalyani GuptaDate: 2015.04.1713:46:05 ISTReason: Let the counsel for the petitioner effect PAGE NO. 1 OF 2SLP(C) NO..... ...CC 5916 OF 2015 notice on the counsel appearing for the State in the meantime.
[KALYANI GUPTA] [RAJINDER KAUR] COURT MASTER COURT MASTERPAGE NO. 2 OF 2
ITEM NO.801 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 5916/2015 (Arising out of impugned final judgment and order dated 03/12/2014 in NOM No. 615/2014,03/12/2014 in WP No. 1087/2014 passed by the High Court Of Bombay) MUNICIPAL CORPORATION OF GR. MUMBAI AND ANR. Petitioner(s) VERSUS ROHAN DEVELOPER PVT. LTD. AND ORS. Respondent(s) Date : 31/03/2015 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr.Mukul Rohtagi, A.G.for India Mr.J.J.Xavier, Adv. Mr.Ashish Wad, Adv. Mr.Anshuman Srivastava, Adv. for M/s. J. S. Wad & Co.,Advs. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 6 th April, 2015 before an appropriat Bench. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar (Listing proforma enclosed)