Bombay High Court
The City And Industrial Development ... vs Indian Institute Of Architects And Ors on 16 October, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-AS:45502-DB
RPW(ST.)6376_2025.DOCX
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (ST.) NO. 6376 OF 2025
IN
PUBLIC INTEREST LITIGATION NO. 28 OF 2019
WITH
INTERIM APPLICATION (ST.) NO. 6381 OF 2025
IN
REVIEW PETITION (ST.) NO. 6376 OF 2025
M/s. Progressive Homes ... Review Petitioner
In The Matter Between
Indian Institute Of Architects ... Petitioner
Vs.
The City And Industrial Development
Corporation & Ors. ... Respondents
WITH
REVIEW PETITION (ST.) NO. 1719 OF 2025
IN
PUBLIC INTEREST LITIGATION NO. 28 OF 2019
The City And Industrial Development
Corporation & Ors. ... Review Petitioner
In The Matter Between
Indian Institute Of Architects ... Petitioner
Vs.
The City And Industrial Development
Corporation & Ors. ... Respondents
______________________________________________________________
Mr. Aspi Chinoy, Senior Advocate a/w Mr. Girish Godbole, Senior Advocate
aw Mr. Nachiket Khandalkar a/w Ms. Shamim Shaikh i/b Mr. Vijay K.
Aggarwal for the Petitioner in RPW(ST)/6376/2025 in PIL/28/2019.
Mr. Ravi Prakash, Senior Advocate aw Mr. Farman Ali, Mr. Sagar Shetty, Mr.
Soham Bhalerao, Mr. Harshit Tyagi i/b DSK Legal for CIDCO / Petitioner in
RPI(ST)/1719/2025.
Mr. Indrajeet R. Kulkarni for Respondent No.1/ Original Petitioner.
Ms. Pooja Joshi Deshpande, AGP for the State in RPW(ST)/6376/2025.
Mr. Manish Pabale, AGP for the State in RPW(ST)/1719/2025.
Mr. Tejesh for Respondent No.3 / Navi Mumbai Municipal Corporation.
Mr. Vijay Kumar Aggarwal aw Ms. Shamim Shaikh for the Respondent No.5
in Review Petition (St) No.1719 of 2025.
Page 1 of 4
RPW(ST.)6376_2025.DOCX
Ms. Nilima Sanglikar for Respondent No.8.
______________________________________________________________
CORAM : G. S. KULKARNI &
JITENDRA JAIN, JJ.
DATED : 16 October, 2025
PC:-
1. Today the proceedings are listed, in pursuance of our order dated 30
September, 2025, in regard to the compliances of the orders to be placed on
record on behalf of the CIDCO and the State Government, in respect of the
possession of land in question to be physically handed over by CIDCO to the
State Government. For convenience, we note the order dated 30 September,
2025, which reads thus:
"1. The proceedings today are listed for compliance of the Court's
order dated 16 September, 2025, i.e., in regard to the handing over of the
20 acres (8 hectares) of land by the CIDCO to the Government of
Maharashtra, to be utilized for the Government of Maharashtra Sports
Complex.
2. Learned senior counsel for the CIDCO as also the learned AGP for
the State Government states that the modalities in that regard are being
worked out and the possession of such land shall be handed over to the
State Government within two weeks from today. It is submitted that all
the formalities in terms of what is observed by the Court in its order dated
16 September, 2025 shall stand complied within such time.
3. Let appropriate compliances be undertaken between the CIDCO
and the State Government and affidavits on behalf of the CIDCO as also
on behalf of the State Government be placed on record.
4. Stand over to 17 October, 2025 at 5.15 p.m."
2. In pursuance of the aforesaid directions, a compliance affidavit of Shri
Karan Shinde, Manager (Town Services-I) on behalf of the review petitioner -
CIDCO is placed on record inter alia stating that the advance possession of
RPW(ST.)6376_2025.DOCX
land was handed over by the State Government to CIDCO on 29 September,
2025 as also the physical possession of 20 acres acquired land was handed over
to CIDCO on 7 October, 2025. The contents of the said affidavit are required
to be noted, which reads thus:
"I, Karan Shinde, working as Manager (Town Services-I) with CIDCO, on
behalf of the Review Petitioner above named, having office at CIDCO
Bhavan CBD Belapur, Navi Mumbai-400614, solemnly state and affirm as
under:-
1. I state that I am filing the present affidavit in compliance with the
aforesaid order dated 16.09.2025 read with the order dated
30.09.2025 passed by the Hon'ble Court.
2. The Hon'ble Court vide its order dated 16.09.2025 was pleased to
dispose of the review petition directing as under:
"11. Mr. Pabale, learned AGP on instructions of the concerned
officer who is present in the Court states that the possession can be
immediately handed over. Learned counsel for CIDCO also has
fairly stated that CIDCO is ready and willing to handover the
possession immediately. In this view of the matter, in our opinion
this exercise of handing over possession of said land to the State
Government needs to be undertaken. Let such formalities in regard
to handing over of possession be undertaken. This be appropriately
demarcated and videographed. Copies of the possession
documents be placed on record of the present proceedings. This
exercise of handing over of possession be undertaken within two
weeks from today. For compliance, we make the proceedings
returnable on 03 October 2025 at 05.45 p.m."
3. Subsequently, upon passing of the order dated 16.09.2025, the
Review Petitioner vide its letter dated 29.09.2025 addressed a letter
to the Additional Chief Secretary- Ministry of Social Education and
Sports, The Director of Sports- Government of Maharashtra and the
District Sport Officer Thane, granting advance possession of the
subject land and calling upon the mentioned authorities to contact
the office of the Review Petitioner for completion of further
formalities. A copy of the letter dated 29.09.2025 is hereto annexed
and marked as "Exhibit A"
4. Pursuant to the same, the captioned matter came to be listed on
30.09.2025. The Hon'ble Court on the said day, vide its order date
30.09.2025 was pleased to extend the timelines pertaining to the
compliances to be undertaken by a period of two weeks and has
directed the parties to file their affidavits pertaining to the same
within the said timelines.
RPW(ST.)6376_2025.DOCX
5. Subsequently in compliance with the abovementioned orders, the
Review Petitioner gave the physical possession of the subject land to
the Deputy Director, Sports and Youth Services, Mumbai Division
Mumbai on 07.10.2025 and also intimated the abovementioned
authority regarding the possession of the subject land having been
physically handed over, vide letter dated 07.10.2025. A copy of the
photograph indicating the handover, possession receipt dated
07.10.2025 and letter of intimation dated 07.10.2025 is hereto
annexed and marked as "Exhibit B"; "Exhibit C" and "Exhibit D"
respectively.
6. As such, the Review Petitioner has complied with the orders dated
16.09.2025 and 30.09.2025 in passed by this Hon'ble Court in letter
and in spirit.'
3. We accept the statement as made in the affidavit.
4. Ms. Joshi, learned AGP has tendered a letter dated 15 October, 2025
addressed to the learned Government Pleader by the Deputy Director, Sports
and Youth Service Department, Mumbai Division inter alia stating that the
physical possession of the said land admeasuring 20 acres is received by the
State Government on 7 October, 2025. The said letter is taken on record.
5. Learned AGP has submitted that the affidavit could not be finalized
and the same would be placed on record by tomorrow. Let the same be
accordingly placed on record.
6. In this view of the matter, recording full compliance of the judgment
and order dated 1 July 2024 passed by this Court on the Public Interest
Litigation No. 28 of 2019, we finally close the proceedings.
(JITENDRA JAIN, J) (G. S. KULKARNI , J)
Signed by: Vidya S. Amin
Date: 17/10/2025 11:03:40
