Maharashtra Chamber of Housing Industry v. Municipal Corporation of Greated Mumbai and Others

(S.A. Bobde and L. Nageswara Rao, JJ.)

Maharashtra Chamber of Housing Industry _______________ Petitioner;

v.

Municipal Corporation of Greated Mumbai and Others ______________________________________________ Respondent(s).

M.A. Nos. 1660-1661/2017 in SLP(C) Nos. 24660-24661/2016, decided on December 5, 2017

(On IA 131867/2017 For Modification/Recall of This Court’s Order Dated 16.08.2016 Passed by This Court in SLP(C) Nos. 24660-24661/2016) With SLP(C) No. D23708/2017 (For Admission and I.R. and I.A. No. 73411/2017 – Condonation of Delay in Filing SLP and I.A. No. 73415/2017 – Exemption From Filing C/C of the Impugned Judgment and I.A. No. 73414/2017 – Permission to File Lengthy List of Dates and with I.A. No. 129680/2017 – Modification/Recall This Court’s Order Dated 16.08.2016 Passed by this Court in SLP(C) Nos. 24660-24661/2016)

The Order of the court was delivered by

Order

1. We have heard learned Senior Counsel appearing for the parties and perused the applications for modification/recall of this Court’s order dated 16.08.2016¹ in SLP(C) Nos. 24660-24661 of 2016.

2. Having regard to the circumstances of the case and the importance of the matter which affects the construction activities in the entire city of Mumbai, we consider it appropriate to modify our earlier order dated 16.08.2016¹ passed in SLP(C) Nos. 24660-24661 of 2016, by expressly granting liberty to the petitioner to challenge the impugned PIL order² as well as the impugned Review order before this Court.

3. We order accordingly.

4. Hence, the aforesaid applications for modification/recall are disposed of in the above terms.

5. In SLP(C) No. D23708/2017, Mr. Ranjit Kumar, learned Senior Counsel appearing for Respondent No. 1 prays for and is granted two weeks’ time to file additional affidavit on behalf of respondent no. 1.

6. Today when the matter was taken up, Mr. Shyam Divan, learned Senior Counsel appearing for the petitioner in SLP(C) No. D23708/2017, handed over a compilation of documents in the Court which is accepted and taken on record.

7. List the matter thereafter on 09.01.2018.

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¹ Maharashtra Chamber of Housing Industry v. Municipal Corpn. of Greater Mumbai, SLP (C) CC No.14855 of 2016, order dated 16-8-2016 (SC)

² Municipal Corpn. of Greater Mumbai v. Pandurang Patil, 2016 SCC OnLine Bom 1056