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2011 Supreme(Bom) 571

MOHIT S.SHAH, D.G.KARNIK
Lokhandwala Infrastructure Pvt. Ltd. – Appellant
Versus
Om Dattaji Rahiwasi Seva Sangh – Respondent


Advocates Appeared:
For the Appellant:Pravin Samdani, Senior Advocate with Farid Karachiwala, Bhavik Manek and Ms. Pallavi Smriti i/b Wadia Ghandy & Co., Advocates.
For the Respondents:R1, S.G. Surana, R2, S.U. Kamdar, Senior Advocate with Ms. Pooja Patil i/b Uma Shankar Upadhya, R23, I.M. Chagla, Senior Advocate with Ms. Naira Variava, Vivek A. Vashi and Ms. Shorger Merchant i/b Bharucha & Partners, R24, JG. Aradwad / Reddy, Advocates, R25, R.Y. Sirsikar with Mr. H.C Pimple for – BMC.

Judgment :-

D.G. Karnik, J.

1. These appeals are against two judgments and orders dated 5th April 2011 passed by the learned Single Judge of this Court declining to grant ad-interim relief in the notices of motion taken out by the appellant in Suit (L) No. 814 and 813 of 2011.

2. The property in question is one single property which consists of a sensused slum on the land owned by Municipal Corporation of Greater Mumbai. 753 families (678 residential, 142 commercial, 25 R/C and 8 others) are in occupation of the slums in these two appeals. Out of these occupants, about 500 occupants are held to be eligible for allotment of the premises in the slum rehabilitation scheme by the Competent Authority.

3. The occupiers of huts in the slum are divided into two groups. One group has formed an association which is respondent no.1 in the first appeal and the other group has formed an association which is respondent no.1 in the other appeal. They have also proposed to form two different cooperative societies which are respondent no.2 in the respective appeals. All other facts in both the appeals are identical. Since common questions of law and fact arise, we are disposing of these appeals by t












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