gopi nm-79-13 in wp-1152-2002.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY le ORDINARY ORIGINAL CIVIL JURISDICTION co iF CAA NOTICE OF MOTION NO.79 OF 2013 S eae IN xX Pp \N 7 ) WRIT PETITION NO.1162 OF 2002) i Foe oot City Space & Ors. ~Petitionérs ¢ Vs. us State of Maharashtra & Ors. Respondents And M/s.Trasncon Properties Pvt. Ltd. a Mr. R.A. Thorat i/b. M.P. Re acbastoodpplcan. Mr. Z.A, Jariwala i/b. T. &“ariwala Associates for the petitioners. Mr. Girish Uttangale i/bSUtta &&or, for respondent -SRA. Ms. Sharmila Modlewit una Parekh for respondent BMC. Ms. Madhubala KajléA@P fortespondent State. CORAM : MOHIT S, SHAH, C.J. & ANOOP V. MOHTA, J. DATE : 15 March 2013 PCL ENN Gos (~ etd O) Writ Petition No.1152 of 2002 was mainly filed as Public \ vest Litigation on the ground that the lands kept open in the ~ evelopment Plan are being encroached upon resulting in reduction of area © of recreation garden and play ground. While entertaining this Petition, this Court passed an order dated 31 July 2002 in the following terms: “3. adjourned for four weeks. In the meantime, until further orders, no new rehabilitation scheme be sanctioned without the permission of this court in respect of the open spaces which are reserved for gardens, parks, playgrounds, recreational spaces, maidans, no development zones, pavements, roads and carriage ways.” 2: The present Notice of Motion is taken out by the applicant for modification of the aforesaid order dated 31 July 2002 so that the land lof 3 = Downloaded on - 02/08/2016 16:01:04gopi nm-79-13 in wp-1152-2002.sxw reserved for garden and recreation ground in the development plan. is relocated and the area would not be reduced, while implementing the'shim rehabilitation scheme being undertaken by Aiyappa Sairaj SRA CHS (Proposed) and Sairaj Guriyapada SRA Co-operative Hott ciety ; ae (Proposed) and the applicant developer. Be Ken ee At 3, Leamed counsel for S.R.A. and\Jearned counsel for the applicant developer have placed on record Minutes of the Order dated 12 March 2013 along with the arate signed by them. The 0 same are taken on record and mek ir identification. POY 4. Teamed! cots Sa ginal rut pentonentnriel wat petition submits thai 'though'the applicant has incorporated safeguards in Clause 4 of the =e Order and also in Clauses 4 and 6 of the Undertaking béihg submitted on behalf of the developer-by the Director of the cnplicat develope, this Court may provide a further safeguard that the appli ied ilk ot hand over physical possession of the free sale flats RG tion mentioned in Clause 4 of the Minutes of the Order and " Sa 4 and 6 of the Undertaking are complied with. ; 5. (O) ; Having heard leamed counsel for the parties and having gone he BOSH straglt tin nie eres oe signed by the learned counsel for the SRA and the learned counsel for the applicant, having seen the Maps produced along with the said Minutes of the Order and also having seen the Undertaking, we are of the view that the proposal submitted by the applicant and accepted by SRA will be for the benefit of the people at large and will also provide for rehabilitation of 105 slum dwellers. We also find that the reservation of RG and play ground under the development plan has been retained without any reduction in the area, but there is only 2of 3 Downtoaded on - 031082016 16:01:08 ::gopi ‘nm-79-13 in wp-1152-2002.sxw change in the location of the land as is confirmed by the learned opel for the SRA also. YS a 6. In view of the above, we pass the order SS the Minutes of the Order which are taken on record and. csi “X” for identification. vt AS Sy The undertaking dated 1 February 2013 of Shri Rishi A. Todi, the Director of M/s. ‘Transcon noe ,, is accepted. 8. It is also Ke ise fore the applicant developer hands over physical posses ios) SZ flats of the scheme and before the occupation certificate is ‘en for the free sale flats of the scheme the Municipal Corporation 3 [ insist that Clause 4 in the Minutes of the Order and gid s 4 and 6 of the above Undertaking are complied with by the "Re 9) The applicant, S.R.A. as well as the Co-operative Housing per. ies in question shall ensure that display boards are placed on either ide of the scheme area so that the people at large are informed about existence of the play ground and R.G. area. Notice of Motion is accordingly disposed of in the aforesaid terms. CHIEF JUSTICE ANOOP V. MOHTA, J. 30f 3 Et Downloaded on - 03/08/2016 16:01:08 ::