Bombay High Court
Chaudhary Abdul Rahim Abdul ... vs Subhash Balu Vaskar on 4 October, 2023
Bench: G.S. Patel, Kamal Khata
912-ASWP-10115-2023.DOC
Talwalkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10115 OF 2023
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION (ST)NO. 26389 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Ayyub Ibrahim Inamdar ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION (ST)NO. 27033 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Chaudhary Abdul Rahim Abdul Mehboob ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION (ST)NO. 27026 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Rasool Abdul Majeed Perampalli ...Applicant/
Intervener
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4th October 2023
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912-ASWP-10115-2023.DOC
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION (ST)NO. 27027 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Anand Mohan Kamble ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
WITH
INTERIM APPLICATION (ST)NO. 27028 OF 2023
IN
WRIT PETITION NO. 10115 OF 2023
Rafiq Manzoor Shaikh ...Applicant/
Intervener
In the matter between
Subhash Balu Vaskar ...Petitioner
Versus
State of Maharashtra through Secretary & Ors ...Respondents
Ms Neeta Karnik, with Piyush Todkar & Sharwari Lopes, for the
Petitioner.
Mrs MP Thakur, AGP, for the Respondent-State.
Mr BB T Lega, with Azimuddin Kazi & Rizwan Khan i/b. NN Kazi
& Associates, for the Applicant.
Mr Sudip Mallick, with Deepak Natu i/b N Deepak & Co, for the
Respondents Nos. 7 & 8.
CORAM G.S. Patel &
Kamal Khata, JJ.
4th October 2023
912-ASWP-10115-2023.DOC
DATED: 4th October 2023
PC:-
1. The applicant in the IA (ST) No. 26389 of 2023 claims to be
an occupant or purchaser of the structure in question. There are
several other intervention applications by other occupants being
Intervention Applications (St) Nos. 27033/2023, 27028/2023,
27027/2023 and 27026/2023. Copies of the Intervention
Applications are to be served on Ms Neeta Karnik, Advocate for the
Petitioner as also the Municipal Corporation.
2. The owner of the plot and the person responsible for the
construction has admitted that there are no permissions of the
Municipal Corporation whatsoever. This is stated by the Municipal
Corporation as well. It is hardly for the occupant to say that a
separate notice ought to have been issued to some person claiming
to be a developer.
3. The argument that the Applicants are innocent third-party
purchasers is unimpressive. It is an argument that has been
frequently made in Mumbai for the last 40 years and has
consistently been rejected in a series of judgments.
4. From our Order dated 14th September 2023, one of these
Applicants preferred an SLP. The Supreme Court allowed the
Applicant to file an intervention application. Hence, the present IAs.
In view of the order of the Supreme Court, we allow the IAs to the
extent of permitting intervention (not impleadment).
4th October 2023
912-ASWP-10115-2023.DOC
5. We list the Petition and IAs on Tuesday 10th October 2023
High On Board.
6. We expect a responsible officer of the Municipal Corporation
to be present in the court. We are unable to understand how the
Municipal Corporation can permit such illegalities to continue and
only issue a stop work notice but take no further action until the
entire structure is almost complete and others have allegedly come
for occupation.
(Kamal Khata, J) (G. S. Patel, J)
4th October 2023
