Bombay High Court
Kishen H. Dhingra And 3 Ors vs Municipal Corporation Of Greater ... on 11 October, 2021
Bench: A.A. Sayed, S. G. Dige
Digitally
signed by
UDAY
PRABHAKAR
UDAY
PRABHAKAR KAMBLI 1/4
KAMBLI Date: 1-wp-2450-2018.doc
2021.10.13
11:09:29
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2450 OF 2018
WITH
CHAMBER SUMMONS NO.329 OF 2018
IN
WRIT PETITION NO.2450 OF 2018
...
Kishen H. Dhingra & Ors. ...PETITIONERS
V/S.
Municipal Corporation
Of Greater Mumbai & Ors. ...RESPONDENTS
...
Dr.Vineet Naik, Sr.Counsel with Adv.Farhan Dubash, Adv.Chaitanya
Chavan, Ms. Supriya Bhatkarand and Mr. Sagar Parab i/b. M/s.Vigil Juris
for the Petitioners.
Mr.Vikram Walwalkar a/w Ms.Vandana Mahadik for the Respondent-MCGM.
Mr. S. B. Gore, AGP for the Respondent-State.
Mr.Jagdish Aradwad (Reddy) for the RespondentNo.6.
Mr. Yogesh Sankpal, Advocate for the Respondent No.8.
Mr. Sameer Khedekar for the Respondent No.9.
...
CORAM : A.A. SAYED &
S.G.DIGE, JJ.
DATED : 11 OCTOBER 2021
P.C.:
We have heard learned Senior Counsel for the Petitioners and the
learned Counsel for the Respondent-Corporation. The parties are agreed
that no reasons be given for passing the following order:
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ORDER
1. The Petitioners are allotted Final Plot No. 116 situated at Vile Parle
(East), Mumbai under the Town Planning Scheme No. V in lieu of
acquisition of their Original Plot No. 212 in terms of Rule 13(9) of the
MRTP Scheme Rules, 1974. During the pendency of the present
Petition, Respondent-MCGM has issued Notices dated 6th August
2021 and 18th August 2021 calling upon the Petitioners to take vacant
possession of the Final Plot No. 116. By Notice No. ACKE/4264/AEM-
I/Gen dated 30th August 2021, the Respondent-MCGM called upon
the Petitioners to vacate the Original Plot No. 212 within a period of
30 days. However, considering the pending litigation being L.C. Suit
No. 4321 of 2004 filed by the occupant of Final Plot No.116 before
the Bombay City Civil Court at Dindoshi ( the Respondent-MCGM is a
Defendant in the said suit), the Petitioners expressed their inability to
take the possession thereof on as is where is basis.
2. Having regard to the facts and circumstances of the case, we direct
the Bombay City Civil Court at Dindoshi to dispose of the aforesaid
pending litigation i.e. L.C.Suit No. 4321 of 2004, which we are told is
part-heard, as early as possible and in any event before 28 February
2022.
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3. The Petitioners undertake to accept the vacant and absolute
possession of the Final Plot No. 116 upon the pending L.C.Suit No.
4321 of 2004 being dismissed. The Petitioners undertake to take
vacant possession of the Final Plot No.116 within a period of 30 days
from the date of receipt of the written intimation from the Respondent-
MCGM along with a copy of the judgment and decree passed in the
said L.C.Suit No.4321 of 2004. The Undertaking submitted by the
Petitioners to vacate the original Plot No.212, is taken on record and
marked Exhibit X for identification.
4. In the event of the said Suit being decreed in favour of the Plaintiff
therein, and Petitioners are prevented from taking vacant and
unencumbered possession of the Final Plot No.116, or in the event
any favourable orders eventually being passed in Appeal, Revision or
Writ Petition that may be filed by the Plaintiff in the said suit, the
Petitioners shall be entitled to claim compensation in lieu of the Final
Plot No.116 as per the prevailing market rate of the Final Plot No.116.
In such event, the Respondent-MCGM shall be liable to either pay the
monetary compensation in accordance with law or allot another
suitable and similar Plot in the vicinity.
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5. In light of the above the Respondent-MCGM shall not take any steps
against the Petitioners based on the Notice dated 30th August 2021
No. ACKE/4264/AEM-I/Gen until 30 days from the receipt of written
intimation as provided in para 3 above.
6. The Respondent-MCGM shall not seek any unnecessary
adjournments in the said Suit and shall co-operate in the disposal of
the said Suit within the stipulated time.
7. All the contentions of the parties are kept open.
8. The Petition to stand disposed of in the above terms.
(S.G.DIGE,J.) (A.A.SAYED, J.)
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