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2022 Supreme(Bom) 538

G.S.PATEL, MADHAV J.JAMDAR
Rashtriya Chemicals & Fertilizers Ltd. – Appellant
Versus
Chief Executive Officer, SRA, Prof. Anant Kanekar Marg – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anoshak Daver, with M.S. Bodhanwalla, Sheroy M. Bodhanwalla & Sakshi Sharma, i/b M.S. Bodhanwalla & Co., Advocates & Solicitors.
For the Respondents:Mr. Jagdish G. Aradwad (Reddy), Mr. Girish Godbole, with Gargi Bhagwat, i/b M/s Divekar Bhagwat & Co., Dr. Milind Sathe, Senior Advocate with Harish Pandya, Yuvraj Choksy & Pagya Dahiya, i/b Khaitan & Co., Mr. Milind More, Additional GP.

JUDGMENT :

G.S. Patel, J.

1. Rule was issued on 8th December 2014. There are Affidavits up to the stage of Rejoinder.

2. By its order of 14th February 2020, the Supreme Court expedited the hearing of two Notices of Motion in the Writ Petition. One of those Motions was for interim relief. The other was to expedite the Writ Petition. Since we decided to take up the Writ Petition itself, and have disposed of it by this order on a priority basis, we believe this adequately addresses the order of the Supreme Court.

3. We have heard Mr. Daver for the Petitioner, Rashtriya Chemicals And Fertilizers Ltd (“RCF”), Mr. Godbole for Respondents Nos. 4 to 6, 8 and 10 to 12, all cooperative housing societies of erstwhile slum dwellers, Dr. Sathe, who appears for Respondents Nos. 13, 14 and 15, all entities who are developers. The SRA, the Deputy Collector and the Collector, Mumbai Suburban District are Respondents Nos. 1 to 3 and are represented respectively by Mr. Aradwad (Reddy) for SRA and Mr. More, Additional Government Pleader for the State.

4. The dispute pertains to a fairly substantial tract of land, at village Wadhavali, Maravali, Chembur. The larger area is spread over several CTS or Survey

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