National Peroxide Limited vs The Collector And District ...
2021 Latest Caselaw 1158 Bom

                                                     10 - WP (St.) 93425-2020

VPH
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                  WRIT PETITION (St.) No. 93425 of 2020
                                 WITH
               INTERIM APPLICATION (St.) No. 93625 of 2020

      National Peroxide Limited                  ...     Petitioner
            Vs.
      The Collector & District Magistrate, Thane
      and Ors.                                   ...     Respondents

                                   WITH
                       WRIT PETITION No. 777 of 2020

      National Peroxide Limited                 ...      Petitioner
            Vs.
      Maharashtra State Electricity
      Transmission Company & Ors.               ...      Respondents
                                        ***
      Mr. G. S. Godbole a/w Ms. Jai Kanade i/by Vijay Aggarwal a/w Ms.
      Shamim Shaikh, for the Petitioner.
      Mr. A. T. Gade, for Respondent No. 2 in WPST. 93425/2020.
      Mr. Abhijeet Joshi a/w Varsha Sawant, for Respondent Nos. 1 & 2 in
      WP. 777/2020.
      Ms. Rupali Shinde a/w M. N. Pabale, AGP for the Respondent -
      State.
      Ms. Deepa Chawan a/w R. Nahani a/w I Momi a/w N. Seth i/b Little &
      Co. , for Respondent No. 3 in WPST. 93425/2020. & for Respondent
      No. 4 in WP. 777/2020.
      Mr. Kiran Nahlani a/w Ankush Kothari i/b Little & Co., for Respondent
      No. 5.
      Dr. Hasit Dangi - Vice President - Orbit, and Mr. Uday Shetty - Dy.
      Gen. Manager, NPL - are present.
      Mr. Vijay Aware, Executive Engineer, EHV Project, Dist. Kalyan in
      WP No.777/2020 present.
                                      ***
                                      CORAM : S. J. KATHAWALLA &
                                               VINAY JOSHI, JJ.

                                      DATE    : JANUARY 18, 2021

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                                                  10 - WP (St.) 93425-2020

PC :

1. Heard learned Advocates for the parties and the

following order is passed:

i. The Collector shall within a period of six weeks from the

date of this order dispose of the application dated 25 th April, 2018

(Exhibit 'A' to the Writ Petition) filed by Respondent No.2 under

section 16(1) of the Indian Telegraph Act, 1885, strictly in accordance

with law.

ii. The Petitioners shall file their additional reply, if any, by

22nd January, 2021 and forthwith forward a copy of the same to the

Respondents.

iii. Respondent No.2 to file their response, if any, by 25th

January, 2021.

iv. If the Order passed by the Collector is against the

Petitioners, the same shall not be implemented for a period of one

week from the date of its service on the Advocate for the Petitioners.

v. If the order of the Collector is challenged by any party,

the parties shall be at liberty to raise all contentions including the

contentions raised by the parties in the present Petition.

vi. The Collector shall not grant any adjournment to the

parties unless absolutely necessary.

vii. The parties shall not seek any adjournments before the

Collector unless absolutely necessary.

2 / 3 10 - WP (St.) 93425-2020

viii. The present Order is passed without going into the

contentions / allegations of the parties, who have agreed that

reasons in support of this order may not be given.

ix. Writ Petition (ST.) No. 93425 of 2020 is accordingly

disposed of. In view of disposal of this writ petition, Interim

Application (St.) No. 93625 of 2020 does not survive, and is

accordingly disposed of.

2. As far as Writ Petition No.777 of 2020 is concerned,

learned counsel for Respondent Nos. 1 and 2 seeks leave to

withdraw Paragraph 2 of the letter dated 30th December, 2019,

addressed by the Executive Engineer (Respondent No.2) to the

Petitioner, which reads as under :-

"Also the Hon. Supreme Court of India has given judgment in Civil Appeal no 9063 of 2019 (Century Rayon Ltd vs. IVP Ltd) on dtd 27.11.2019 and given permission to complete the work as per approved scheme and route."

The same is allowed to be withdrawn.

4. In view of the above and disposal of Writ Petition (ST)

No.93425 of 2020, nothing survives in Writ Petition No.777 of 2020

and the same is disposed of as infructuous. Digitally signed by Vinayak P.

Vinayak Halemath P.

Halemath Date:             Sd/-                                          Sd/-
         2021.01.22   [VINAY JOSHI, J.]                        [S. J. KATHAWALLA, J.]
         18:55:25
         +0530


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