Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.R. Waghmare vs. The Municipal Corporation Of Greater Mumbai

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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 446 OF 2021 WITH INTERIM APPLICATION NO. 3413 OF 2021 Siddharth Colony Vikas Seva Sangh Sahakari Grihanirman Santha and Ors. … Appellants V/s. The Municipal Corporation for Gr. Mumbai … Respondent Mr. Nilesh Pandey a/w Mr.Rahul Bhosale i/b. Equajuris for Appellants. Mr. Rajesh S. Patil a/w Smt. Madhuri More for Respondent-Corporation. CORAM : A.S. GADKARI, J. DATE : 8th DECEMBER, 2021. P.C. : By an Order dated 25th June 2021, on the basis of statement made by the learned counsel for the Appellants that, the Appellants shall maintain status-quo and shall not carry out any further construction, this Court directed the Respondent Corporation not to take coercive action till next date of hearing. The present Appeal was thereafter adjourned from time to time for various reasons as has been recorded in earlier Orders. On 22nd November 2021, the learned counsel appearing for the Respondent – Corporation had made a grievance that, by taking undue advantage of ad-interim relief granted by this Court, the Appellants are carrying out construction on footpath abutting the suit property. In support of his contention, he relied on certain photographs annexed to the reply of Interim Application. The matter was thereafter adjourned on 30th November 2021, however, on that day, due to some reasons the present Appeal could not be listed on board. The Respondent-Corporation through their Advocate thereafter circulated the present praecipe dated 7th December 2021 seeking urgent hearing of the present Appeal. Learned counsel for the Respondent-Corporation again reiterated that, the Appellants by taking undue advantage of the Order dated 25th June 2021 are still carrying out construction on footpath attaching to the suit property. He drew my attention to the basic pleadings of the Appellants in the plaint of L.C. Suit (St.) No.4560 OF 2021 and in particular para No.10 thereof. It has been categoricaly pleaded by the Appellant that, the newly appointed developer started process of development activities at said plot of land and in order to redevelopment of the said plot of land the Plaintiffs/Appellants herein vacated the suit premises and handed it over to the Plaintiff No.1 for the purpose of site office as required to deal with occupants at large on site. It is further pleaded that, the Plaintiff No.1/Appellant No.1 herein has taken possession of the suit premises from its members being Plaintiff No.2 and 3 and Others. In this precise background, learned counsel for the Appellants had made a statement on 25th June 2021 and as noted earlier. Repeated grievances are made before this Court that by taking undue advantage of Order dated 25th June 2021, the Appellants are carrying out further construction on footpath. It is therefore necessary to direct the Assistant Commissioner of Municipal Corporation, M/W Ward, Mumbai to immediately visit the suit property today at 3.00 O'clock and inspect it. If it noticed that, the Appellants have carried out construction at the suit premises after 25th June 2021, to record a finding accordingly and submit a detailed report to this Court on next occasion i.e. on 17th December 2021. The present Order is passed in open Court in presence of learned counsel for the Appellants and learned counsel for the Respondent-Corporation. The Assistant Commissioner of Municipal Corporation therefore shall not wait for a copy of the present Order and shall inspect the suit premises today at 3.00 p.m. without giving any excuse. The Appellants are directed to maintain status-quo as of 12.00 noon of 8th December 2021. The Chairman of Appellant No.1 and Appellant Nos.2 and 3 along with their Advocate are permitted to remain present at the time of inspection by the Assistant Commissioner of Corporation, M/W Ward, Mumbai. The Senior Inspector of Police, Chembur Police Station is directed to provide necessary police protection to the Assistant Commissioner of Municipal Corporation, M/W Ward, Mumbai at the time of his inspection, to avoid any untoward incident or breach of law and order situation at the suit property. Stand over to 17th December 2021. [A.S. GADKARI, J.] MANOJ R TANDALE Digitally signed by MANOJ R TANDALE Date: 2021.12.08 14:19:06 +0530

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MOHAMMAD NAJEEB MOHAMMAD QAYYUM Digitally signed by MOHAMMAD NAJEEB MOHAMMAD Date: 2022.02.18 17:54:12 +0530 Appeal from Order No. 446 / 2021 Alongwith Interim Application No. 3413 / 2021 in Appeal from Order No. 446 / 2021 Siddharth Colony Vikas Seva Sang Sahakari Grihanirman Santha Through its Chief Promoter Mr. r. Waghmare and Ors. … Appellants Versus The Municipal Corporation of Greater Mumbai … Respondent **** Mr. Nilesh R. Pandey i/by Equa Juris, Advocate for the Appellants. Mr. Rajesh Patil, Counsel for MCGM. Mr. Ravindra Sirsikar, Advocate for MCGM. **** CORAM : SANDEEP K. SHINDE, J. DATE : 18th FEBRUARY, 2022. P.C. Appellants shall implead the Slum Rehabilitation Authority as a party Respondent. Amendment shall be carried out forthwith. Learned Counsel shall serve amended copy of the appeal on Counsel for the Corporation and also to the newly added Respondent. Stand over to 11th March, 2022. Ad-interim relief to continue till the next date. (SANDEEP K. SHINDE, J.)

Order - Status 9: Digitally signed by MOHAMMAD NAJEEB MOHAMMAD OHAMMAD QAYYUM QAYYUM Date: 2022.03.11 18:38:02 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 446 / 2021 Alongwith Interim Application No. 3413 / 2021 in Appeal from Order No. 446 / 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Chief Promoter. Mr. R. Waghmare ... Appellant Versus The Municipal Corporation of Greater Mumbai ... Respondent **** Mr. Nilesh R. Pandey i/by Equa Juris, Advocate for Appellant. Mr. Rajesh Patil a/w Mr. Ravindra Sirsikar, Advocate for the MCGM/ Respondent No.1. Mr. Yogesh Patil i/by Mr. Vijay Patil, Advocate for Respondent No.2. CORAM : SANDEEP K. SHINDE, J. DATE : $11^{th}$ MARCH, 2022. P.C. Mr. Patil waives on behalf of the Respondent No.2 – Slum Rehabilitation Authority. He seeks time to file reply. Time granted. Appellant may file the rejoinder/ reply before the returnable date. Stand over to 26th April, 2022. Interim relief if any, shall continue to operate till the next date. (SANDEEP K. SHINDE, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER NO. 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....APPELLANT V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT WITH INTERIM APPLICATION NO. 9907 OF 2022 In Appeal from Order 446 OF 2021 Lahu Bapu Kamble ....PETITIONER V/S Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....RESPONDENT WITH INTERIM APPLICATION NO. 3413 OF 2021 In Appeal from Order 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. ....PETITIONER Mr.r. Waghmare V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE PRITHVIRAJ K. CHAVAN J DATE : 27th June, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 06/07/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER NO. 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....APPELLANT V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT WITH INTERIM APPLICATION NO. 9907 OF 2022 In Appeal from Order 446 OF 2021 Lahu Bapu Kamble ....PETITIONER V/S Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....RESPONDENT WITH INTERIM APPLICATION NO. 3413 OF 2021 In Appeal from Order 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. ....PETITIONER Mr.r. Waghmare V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 19th October, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 16/11/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER NO. 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....APPELLANT V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT WITH INTERIM APPLICATION NO. 9907 OF 2022 In Appeal from Order 446 OF 2021 Lahu Bapu Kamble ....PETITIONER V/S Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. Mr.r. Waghmare ....RESPONDENT WITH INTERIM APPLICATION NO. 3413 OF 2021 In Appeal from Order 446 OF 2021 Siddharth Col. Vikas Seva Sangh Sahakari Grihanirman Santha Thr. Its Cheif Promoter. ....PETITIONER Mr.r. Waghmare V/S The Municipal Corporation Of Greater Mumbai ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 16th November, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 15/12/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )