Bombay High Court
Indian Insti. Of Architects, Navi ... vs The City And Industrial ... on 19 October, 2023
Bench: G. S. Kulkarni, Jitendra Shantilal Jain
1pil-28-19=ia.doc
PVR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 28 OF 2019
WITH
INTERIM APPLICATION NO. 1489 OF 2022
Indian Institute of Architects ..Petitioner
Vs.
The City & Industrial Development
Corporation Ltd. & Ors. ..Respondents
__________
Mr. Indrajeet Kulkarni for Petitioner/Applicant.
Mr. Nitin V. Gangal with Mr. Ashok D. Kadam with Ms. Prerna Shukla,
for Respondent No.1/CIDCO.
Mr. Y. S. Jahagirdar, Senior Advocate with Mr. Girish S. Godbole, Senior
Advocate with Mr. Vijay Kumar Aggarwal and Mr.Shamim Shaikh, for
Respondent No.5.
Mr. B. V. Samant, Addl. Govt. Pleader with Mr. A. A. Alaspukar, AGP for
State/Respondent Nos.2, 4, 6 and 7.
Mr. Tejesh Dande with Mr. Bharat Gadhavi, FOR Respondent No.3/
NMMC.
Ms. Nilima Sanglikar, for Respondent No.8
______________________
CORAM : G. S. KULKARNI &
JITENDRA JAIN, JJ.
DATE : OCTOBER 19, 2023.
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1pil-28-19=ia.doc
P.C.:
1. Today in pursuance of our directions, on behalf of the State
Government, two affidavits of Shri. Ranjit Singh Deol, the Principal
Secretary, School Education and Sports Department, first dated 17
October 2023 and the second dated 19 October 2023 are placed on
record, interalia in regard to the development of the Sport Complex at
Village Nanore, Taluka Mangaon, District Raigad incorporating the details
thereof. There is also a letter addressed by Shri. Anil Diggikar, Vice
Chairman and Managing Director of the CIDCO addressed to the
Commissioner, Navi Mumbai Municipal Corporation (NMMC) interalia
recording that a show cause notice issued to the Navi Mumbai Municipal
Corporation in regard to the land allotted to the Navi Mumbai Municipal
Corporation for International Sport Complex, shall not be pursued any
further by the CIDCO. The letter also records that an additional area of 5
acres from the adjoining CRZ affected location would be provided to the
NMMC in addition to 36 acres of land already allotted. The said letter is
taken on record and marked "X" for identification.
2. There is also an affidavit filed on behalf of the Navi Mumbai
Municipal Corporation of Shri. Dilip Nerkar, Deputy Municipal
Commissioner (Estate) as tendered by Mr.Dande, learned Counsel for the
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1pil-28-19=ia.doc
Corporation, stating that the Municipal Corporation is determined in its
decision to take forward the project of having an International Sport
Complex for which 36 acres of land has been allotted to it by the CIDCO
and in respect of which a premium of Rs.22,17,57,584/- has been paid by
the NMMC to the CIDCO. The affidavit also states that the original area
of 36 acres alongwith the additional 5 acres which now would be provided
by the CIDCO to NMMC, shall be developed for construction of
International Sport Complex.
3. We have accordingly heard learned Counsel for the petitioner on
the final hearing. We close the petition for judgment.
4. On behalf of the petitioner Mr.Kulkarni as also Ms. Sangalikar,
learned Counsel for respondent No.8 intend to place on record brief
written submissions. They are permitted to do so. Let the same be placed
on record on or before 25 October 2023, and copies of the same also be
served on all the parties.
[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]
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