Hagwood Commercial Developers ... vs The Union Of India, Through ...
2021 Latest Caselaw 8305 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                     CIVIL APPLICATION (CAW) NO.838 OF 2021
                                        IN
                       CIVIL WRIT PETITION NO.7635 OF 2019
  (Hagwood Commercial Developers Private Limited through its Director, Mr. Sudhanshu
  Chaturvedi s/o Subodh Chandra Chaturvedi Vs. The Union of India through Secretary,
                    Ministry of Civil Aviation, New Delhi and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions                Court's or Judge's orders.
and Registrar's Orders.
                            Mr. M.G. Bhangde, Senior Advocate a/b. Mr. R.M. Bhandge,
                            Advocate for petitioner/applicant
                            Mr. Ulhas Aurangabadkar, ASGI for respondent No.1




                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

                            DATE         : 22nd JUNE, 2021.


                                         Hearing         was    conducted        through        Video

Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard Mr. M.G. Bhangde, learned Senior Counsel for the petitioner and Mr. Ulhas Aurangabadkar, learned ASGI for respondent No.1.

3. Perused the application, being Civil Application (CAW) No.838 of 2021. This application prays for grant of leave to withdraw the petition with liberty to file fresh petition in the interest of justice. Mr.

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M.G. Bhangde, learned Senior Counsel for the petitioner, reiterates the same prayer.

4. The ground stated in the application for seeking such a leave is that as per the information of the petitioner, the Appellate Committee of the Airport Authority of India, by an order dated 13.04.2021 passed in Case MM268 of 2014 has permitted to increase the height for construction of tower from existing 49.26 meters to 57.00 meters to one B.R. Shetty, Thiruanantpuram, which was in line with the fresh Aeronautical study carried out in pursuance of the directions given by the High Court of Kerala in its judgment dated 22.09.2020 delivered in Writ Petition (C) No.1104 of 2019. The copy of the order dated 13.04.2021 of the Appellate Committee of the Airport Authority of India is annexed to this civil application and it supports these contentions.

5. Mr. Aurangabadkar, learned ASGI for the respondent No.1 submits that if the petitioner is desirous of taking a chance before the respondents, the petitioner may do so at his own cost.

6. Considering the fact that there appears to be a new development in the matter, and the petitioner is desirous of once again approaching the Competent Authority for reconsideration of its decision regarding

30B.wp.7635.2019.odt

permissible height of the proposed constructions, in view of the fresh Aeronautical study and fresh permission granted to one B.R.Shetty from Thiruanantpuram, we are of the view that leave to withdraw the petition with liberty as prayed in the application deserves to be granted at own cost of the petitioner and it is accordingly granted.

7. The petition is disposed of in above terms. No costs.

                                           JUDGE                            JUDGE
nd.thawre