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2018 Supreme(Bom) 1131

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Mafatlal Industries Limited – Appellant
Versus
State of Maharashtra through its Ministries Revenue and Forest and Urban Development, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioners: Mr. Darius J. Khambata, Mr. P.K. Dhakephalkar, Mr. Ashish Kamat, Mr. Aditya Mehta, Mr. M.S. Federal, Mr. Murtuza Federal, Ms Paulomi Mehta, Ms Aanchal Rohira & Ms Namrata M. Shah i/by M/s. Federal & Rashmikant
For the Respondent: Mr. Kedar Dighe, Ms Divyanka Kapoor i/by Wadia Gandhy & Co., Mr. Anil Y. Sakhare, Mr. Rohan Mirpury, Ms Dhruti Kapadia, Mr. Yashwant D., Mr. Harshad Pimple & Mr. Kisan Gaekwad

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. Rule. The respondents waive service. By consent, rule is made returnable forthwith and the petition is taken up for final disposal.

2. It is agreed that majority of the prayers in the writ petition stand answered in terms of the Judgment of this Court in O.S. Writ Petition (L) No. 122 of 2018 with Notice of Motion No. 45 of 2018 (Hindustan Unilever Limited & Another v/s. State of Maharashtra & Others), decided on 3-5-2018. The surviving issue then remains about the interpretation of Government of Maharashtra Notification dated 10-2-2004, copy of which is at Exhibit-G to the petition, at page 120 thereof. It is that issue which will be dealt with by this Judgment.

3. The prayers in relation thereto, as amended, read as under:-

“(b-iii) order and direct Respondent Nos.2 and 5 to act in accordance with the Notification dated 10th February 2004 (Exhibit 'G' hereto); act in accordance with the statements made before this Hon'ble Court in PIL Writ Petition No. 660 of 2004; and in view thereof, grant the Petitioners non-cash compensation (in terms of Development Rights Certificate) in accordance with the Petitioners' entitlement under the Notification dated































































































































































































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