Bombay High Court
Dr.F.F.Wadia vs State Govt Of Mah'Tra And Ors on 1 July, 2022
Bench: R.D. Dhanuka, M. G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3813 OF 1996
Dr. F. F. Wadia .... Petitioner
versus
State Government of Maharashtra .... Respondents
WITH
INTERIM APPLICATION NO.10055 OF 2022
IN
WRIT PETITION NO.3813 OF 1996
Dilip Zukkan Badekar .... Applicant
IN THE MATTER BETWEEN -:
Dr. Farrokh F. Wadia & Ors. .... Petitioners
versus
State Government of Maharashtra .... Respondents
WITH
INTERIM APPLICATION NO.10047 OF 2022
IN
WRIT PETITION NO.3813 OF 1996
Maharashtra Metro Rail Corporation Ltd. .... Applicant
IN THE MATTER BETWEEN -:
Dr. Farrokh F. Wadia & Ors. .... Petitioners
versus
State Government of Maharashtra .... Respondents
WITH
INTERIM APPLICATION NO.10044 OF 2022
IN
WRIT PETITION NO.3813 OF 1996
Sudhakar Tukaram Kamble & Ors. .... Applicants
Nesarikar
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IN THE MATTER BETWEEN -:
Farrokh F. Wadia & Ors. .... Petitioners
versus
State Government of Maharashtra .... Respondents
WITH
INTERIM APPLICATION NO.10039 OF 2022
IN
WRIT PETITION NO.3813 OF 1996
Kiran Sushilchandra Gorde & Ors. .... Applicants
IN THE MATTER BETWEEN -:
Dr. F. F. Wadia .... Petitioner
versus
State Government of Maharashtra .... Respondents
WITH
CIVIL APPLICATION NO.992 OF 2019
IN
WRIT PETITION NO.3813 OF 1996
Municipal Corporation for the City of Pune .... Applicant
IN THE MATTER BETWEEN -:
Dr. Farrokh F. Wadia & Ors. .... Petitioners
versus
State Government of Maharashtra .... Respondents
WRIT PETITION NO.7465 OF 2012
Mukund Bhavan Trust & Ors. .... Petitioner
versus
State Government of Maharashtra & Ors. .... Respondents
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WITH
INTERIM APPLICATION (ST) NO.18220 OF 2021
IN
WRIT PETITION NO.7465 OF 2012
Vikas Shantaram Bhingardive .... Applicants
IN THE MATTER BETWEEN -:
Mukund Bhavan Trust & Ors. .... Petitioner
versus
State Government of Maharashtra & Ors. .... Respondents
WITH
INTERIM APPLICATION (ST) NO.12169 OF 2021
IN
WRIT PETITION NO.7465 OF 2012
Maharashtra Metro Rail Corporation Ltd. .... Applicant
IN THE MATTER BETWEEN -:
Mukund Bhavan Trust & Ors. .... Petitioner
versus
State Government of Maharashtra & Ors. .... Respondents
WITH
CIVIL APPLICATION NO.2246 OF 2019
IN
WRIT PETITION NO.7465 OF 2012
Maharashtra Metro Rail Corporation Ltd. .... Applicant
IN THE MATTER BETWEEN -:
Mukund Bhavan Trust & Ors. .... Petitioner
versus
State Government of Maharashtra & Ors. .... Respondents
.......
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• Mr. Shahezad A. Kazi with Mr. Utkarsh Trivedi, Advocate for
Petitioner in Writ Petition No.3813 of 1996.
• Mr. Milind Sathe, Senior Advocate a/w Mr. D. V. Deokar and
Mr. D. Parikh, advocate for Petitioners in WP/7465/12 and for
Respondent No.27 to 29 in WP/3813/96.
• Mr. Hemant Ghadigaonkar, Advocate for Applicant in
IA/10055/22 and IA/10044/22 and for Respondent No.31 to
33 in WP/3813/96.
• Mr. Pralhad D. Paranjape a/w Mr. Manish Kelkar, Applicant in
IA/10047/22 in WP/3813/96 and Applicant in
IAST/12169/21 in WP/7465/12.
• Mr. Bakul B. Bhosale, Applicant in IA/10039/22 in
WP/3813/96.
• Mr. A. I. Patel, Addl. G. P. with Ms. K. N. Solunke, AGP for
Respondent Nos.1 and 3 in WP/3813/96 and Respondent
Nos.1 to 4 in WP/7465/12.
• Mr. T. D. Deshmukh a/w Mr. Sagar Kursija, Advocate for
Respondent No.7 in WP/3813/96.
• Mr. N. P. Deshpande, Advocate for Respondent No.44 in
WP/3813/96.
• Ms. Bhavana Dubepatil i/b. Jay & Co. for
Intervenor/Applicant in IAST/18220/21 in WP/7465/12.
CORAM : R. D. DHANUKA &
M. G. SEWLIKAR, JJ.
DATE : 01st JULY, 2022.
P.C. :
1. Learned counsel for the Petitioner in Writ Petition
No.3813 of 1996 on instructions seeks permission to withdraw
this Petition, on the ground that his client does not want to
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pursue this Petition and states that his client is ready and willing
to hand over the possession of the land to the Government.
Statement is accepted.
2. Learned counsel for the Petitioner states that there are
encroachments on the land which is proposed to be handed over
by his client to the State Government. The State Government
may take possession from the Petitioner of the land. At this
stage, it is not necessary to pass any order as to whether State
Government would be at liberty to take any action against the
Petition for committing violation, if any.
3. Dr. Milind Sathe, learned Senior Advocate for
Respondent Nos.28 and 29 states that his clients have filed Writ
Petition No.7465 of 2012 for identical reliefs. He invited our
attention to the prayers in Writ Petition No.3813 of 1996 and
also to the prayers in Writ Petition No.7465 of 2012. He also
invited our attention to the orders passed by this Court in Writ
Petition No.7465 of 2012 on 18/09/2012 directing the office to
place the said Petition for admission along with Writ Petition
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No.3813 of 1996 on 16/10/2012. He submitted that on
16/10/2012 the Division Bench of this Court recorded that the
prayers of the Writ Petition No.7465 of 2012 are identical to the
prayers in Writ Petition No.3813 of 1996. This Court already
granted Rule and placed the matter on board for final hearing.
4. It is submitted that no interim relief is separately
granted in favour of Petitioner in Writ Petition No.7465 of 2012
in view of the interim relief already granted by this Court in Writ
Petition No.3813 of 1996. It is submitted that if the Petitioner in
Writ Petition is allowed to withdraw this Petition, his clients
shall be allowed to be transposed as Petitioners in view of the
identical facts and the identical prayer in both Petitions.
5. Learned counsel for Respondents on the other hand,
whose clients have applied for intervention in Writ Petition
No.3813 of 1996, prayed that if this Court allows withdrawal of
this Petition, those Interim Application would become
infructuous.
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6. Mr. T. D. Deshmukh, learned counsel for Respondent
No.7 in the Writ Petition No.3813 of 1996 submits that if this
Court allows the prayer of the Petitioners in Writ Petition
No.7465 of 2012 for transposition in Writ Petition No.3813 of
1996, the issue of delay on the part of Petitioner in Writ Petition
No.7465 of 2012 shall be kept open.
7. Mr. A. I. Patel, Addl. G. P. for the State, states that the
statement of the Petitioner in Writ Petition No.3813 of 1996 that
he will handover possession of the land to the Government to be
accepted. The learned counsel for the Petitioners, Writ Petition
No.3813 of 1996 has already made such statement.
8. We accordingly permit Respondent Nos.28 and 29 to
be transposed as the Petitioners in Writ Petition No.3813 of
1996. Leave to amend is granted to delete the name of Dr.
Farrokh F. Wadia as the Petitioner. Amendment shall be carried
out by the newly transposed parties within two weeks from
today. Amendment shall be carried out in the copies supplied to
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the Respondents also. The issue of delay on the part of Petitioner
in Writ Petition No.7465 of 2012 and Respondent No.7 is kept
open to be considered by this Court at the time of final hearing
of the Writ Petition. Interim relief granted by this Court on
07/06/2006 to continue during the pendency of the Writ
Petition No.3813 of 1996 with modification of the order passed
by Division Bench of this Court on 20/10/2020.
9. Dr. Sathe, learned Senior Advocate for the Petitioner
on instructions seeks permission to withdraw Writ Petition
No.7465 of 2012 with liberty to canvas all the contentions raised
by the Petitioner in Writ Petition No.3813 of 1996. Liberty is
granted. Writ Petition No.7456 of 2012 is disposed off as
withdrawn.
10. Hearing of the Writ Petition is expedited. Parties are at
liberty to file affidavit-in-reply within two weeks from the date
of service of amended copy of the Petition. A copy thereof be
served on the Petitioners' Advocate simultaneously. Rejoinder, if
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any, shall be filed within two weeks thereafter with a copy to be
served on the Respondents' Advocate simultaneously. Parties are
at liberty to file brief proposition of law along with the copies of
judgments which they propose to rely upon in support of their
rival contentions. Copy thereof to be served on the other side.
11. If any amendment permitted earlier in the said Writ
Petition No.3813 of 1996 not carried out, the Petitioners now
transposed in place of Original Petitioner shall carry out such
amendment within two weeks from today.
12. It is made clear that merely because Respondent
Nos.28 and 29 are allowed to be transposed as Petitioners in
Writ Petition No.3813 of 1996, it would not preclude the
Respondents from raising any plea permissible in law, against
the Petitioners allowed to be transposed including issue of delay
in filing Writ Petition No.7465 of 2012 and in applying for their
transposition in Writ Petition No.3813 of 1996.
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13. All pending Interim Applications in Writ Petition
No.3813 of 1996 to be placed on board on 08/07/2022. If the
papers of proceeding in those Interim Applications are not
served, it shall be served on the advocates who would be filing
vakalatnama for the Petitioners allowed to be transposed.
(M. G. SEWLIKAR, J.) (R. D. DHANUKA , J.)
