(Fakkir Mohamed Ibrahim Kalifulla and Uday Umesh Lalit, JJ.)
Pant Nagar Mahatma Phule Co-op. Housing Society Ltd. and Ors. etc. ___ Petitioner(s)
v.
Maharashtra Housing and Area Development Authority and Ors. etc. ____ Respondent(s)
Petitions for Special Leave to Appeal (C) No…………… of 2015, decided on September 14, 2015
Arising out of Diary No. 30817/2015
(Arising out of impugned final judgment and order dated 11/09/2015 in WP No. 2042/2015, 11/09/2015 in WPL No. 2605/2015 passed by the High Court of Bombay)
The Order of the court was delivered by
Order
1. We have heard Mr. Sanjay Parikh, learned counsel for the petitioners, Mr. Jayant Bhushan, learned senior counsel for Abhini Developer and Mr. Chirag M. Shroff for MHADA today at 1:30p.m.
2. The impugned order is stated to be not yet released by the High Court. Therefore, a copy of the same has not been included in the Special Leave Petition paper book.
3. In the meantime, it is stated that the respondent-authorities have reached the site in question and have commenced demolition. Inasmuch as the impugned order is yet to be issued to the petitioners, we are of the view that till such time the order is placed on record to enable this Court to appreciate the respective contentions of the parties, demolition operation should be halted pending further orders.
4. From the submissions of the learned counsel, it is brought out that already some portion of the construction have been demolished. We, therefore, direct that further demolition activity shall be stopped forthwith pending further orders.
5. This interim order should be communicated by wire to all the respondents at the cost of the petitioners.
6. We also direct counsel for MHADA, Mr. Chirag M. Shroff to communicate the substance of this order and also give necessary instructions to stop further demolition.
7. List the matter on 21st September, 2015.
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