(A.K. Sikri and Ashok Bhushan, JJ.)
Janhit Manch & Anr. ___________________ Petitioner(s)/Applicant(s)
v.
The State of Maharashtra & Ors. ___________________ Respondent(s)
Miscellaneous Application No. 1679/2017 In Transfer Petition(C) No(s). 567/2017, decided on January 5, 2018
The Order of the court was delivered by
Order
1. The above said transfer petition was allowed vide judgment and order dated 31/07/2017 whereby Public Interest Litigation No. 17 of 2017 filed by the petitioners/applicants before the High Court of Judicature at Bombay was transferred to this Court. The petitioners/applicants have filed the instant miscellaneous application pointing out certain factual errors in the judgment dated 31/07/2017. Considering the aforesaid facts, Miscellaneous Application is allowed and consequently the following corrections are made in the judgment:
1. Paragraph 3 at page of the judgment be read as under:
“3. It was pleaded that respondent no. 6 against the permitted FSI of 54715.196 sq. mtrs. had used additional FSI of approximately 66449.85 sq. mtrs. under the guise of various heads such as refuge areas, passages, decks etc.”
2. Paragraph 16 at page 15 of the judgment be read as under:
“16. We have considered the submissions of both the parties and perused the record. The order passed by the Municipal Commissioner dated 12.09.2013, in pursuance of order passed by the Bombay High Court on 13.05.2013 in PIL NO. 43 of 2012 was challenged by respondent no. 6 in Writ Petition(C) No. 2223 of 2013 before the Bombay High Court. The order of the High Court dated 13.05.2013 passed in PIL NO. 43 of 2012 was already challenged by the petitioners by SLP(C) No. 20279 of 2013.”
3. The following contents of Paragraph 16 at page 16 of the judgment stand deleted:
“The Municipal Commissioner after re-examining the issue regarding refuge area held, as follows:
1. Periphery refuge area surrounding each flat on each floor (4 flats in number on each floor) was allowed.
[Note: The total refuge area allowed by the Commissioner surrounding the flats on each floor amounts to 60% of the habitable area on the respective floor]
2.4 entire refuge floors were to be blocked.
3. National Building Code 2005 would not apply since the building is already constructed as per past approved plans (contrary to the Judgment dated 27.01.2016).”
4. Paragraph 23 at page 20 of the judgment be read as under:
“23. It is further relevant to notice that the SLP(C) No. 20279 of 2013, which was filed by petitioner against the order dated 13.05.2013 of the Bombay High Court in PIL No. 43 of 2012, which was disposed of by Three Judge Bench on 11.03.2016, an application on I.A 6 has also been filed by the petitioners to recall the order and determine the issues.”
M.A. No. 1679/2017 in in T.P.(C) No(s). 567/2017
Janhit Manch & Anr _______________________________ Petitioner(s)
v.
The State of Maharashtra & Ors _____________________ Respondent(s)
(FOR CORRECTION OF MISTAKES IN THE JUDGMENT ON IA 132618/2017)
Date: 05-01-2018 This application was called on for hearing today.
(Before A.K. Sikri and Ashok Bhushan, JJ.)
For Petitioner(s) Mr. Shekhar Nafade, Sr. Adv.
Mr. Anirudh Joshi, Adv.
Ms. Garima Prashad, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
Order
2. Miscellaneous application is allowed in terms of the signed order.
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