The Director Sanjay Gandhi National ... vs D Dahyabhai And Co Pvt Ltd
2023 Latest Caselaw 12877 Bom

Bombay High Court

The Director Sanjay Gandhi National ... vs D Dahyabhai And Co Pvt Ltd on 15 December, 2023

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

                                                                            WP6603_2023.DOC


Vidya Amin
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 6603 OF 2023

                  D. Dahyabhai & Co. Pvt. Ltd. & Anr.                 ... Petitioners
                                    Versus
                  The State of Maharashtra & Ors.                     ...Respondents

                                              WITH
                             INTERIM APPLICATION (ST.) NO. 19213 OF 2023
                                               IN
                                  WRIT PETITION NO. 6603 OF 2023
                  The Director,                                       ... Applicant
                  Sanjay Gandhi National Park
                  D. Dahyabhai & Co. Pvt. Ltd. & Anr.                 ... Petitioners
                                    Versus
                  The State of Maharashtra & Ors.                     ...Respondents

                  Mr. Pravin Samdhani, Senior Advocate a/w. Mr. Hrushi Narvekar, Mr.
                  Sumit Shukla, Ms. Saloni Shah, Mr. Mustafa Nulwala i/b. DSK Legal for
                  the petitioners.
                  Mr. Mandar Limaye for respondent nos. 2 to 5.
                  Mr. S.H. Kankal, AGP a/w. D.U. Mirajkar, Legal Advisor, SGNP for
                  respondent no. 1, 10 and 11/State.
                                       _______________________
                                     CORAM:         G. S. KULKARNI, J.

                                    DATED:     15 December, 2023
                                      _______________________
                  P.C.

1. The present proceedings are before this Court, in pursuance of the

orders passed by the Hon'ble The Chief Justice, to be placed before a Third

Judge, in view of the cleavage of opinion of their Lordships of the Division

Bench comprising of Mr. Justice S.B. Shukre (as His Lordship then was) and

Mr. Justice Rajesh S. Patil. By the judgment as rendered by Mr. Justice S.B.

15 December, 2023 WP6603_2023.DOC

Shukre, the Writ Petition was allowed, whereas Mr. Justice Rajesh S. Patil, by

his separate judgment, dismissed the petition.

2. I have heard Mr. Samdani, learned senior counsel for the petitioner, Mr.

Limaye, learned counsel for the Municipal Corporation and Mr. Kankal,

learned AGP for the State. At the outset, learned counsel for the parties jointly

submit that the dispute between the parties touching the subject matter of the

present proceedings would achieve a quietus, on the adjudication of Writ

Petition No. 3205 of 2018 filed by the State Government, which was filed

before the learned Single Judge and which is now transferred to be heard

before the Division Bench, by an order dated 15 December, 2023 in Writ

Petition No. 10024 of 2023 (Coram : Mr. Justice G.S. Patel and Mr. Justice

Kamal R. Khata).

3. In this view of the matter and considering the complexion of the issues

as involved, in my opinion, it would be appropriate to accept the submission as

made by the learned counsel for the parties, that the hearing of the present

proceedings as a Third Judge be deferred till the adjudication of Writ Petition

No. 10024 of 2023.

4. Liberty to the parties to apply after the disposal of the said Writ Petition.

(G. S. KULKARNI , J.)

Signed by: Vidya S. Amin 15 December, 2023 Designation: PS To Honourable Judge Date: 15/12/2023 20:00:34