1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4194 OF 2007 IN NOTICE OF MOTION NO.87 OF 1979 IN SUIT NO.1562 OF 1978. Rustom D. Dalal and ors. : Plaintiffs. Versus Union of India and ors. : Defendants. And Prayas Sadan Co-operative Housing : Intervenor/ Society Ltd : Applicants. And Brihnmumbai Mahanagarpalik, M/West Ward : Respondents. Mrs.A.R.Lambay i/by Lambay & Co. for the Applicants. Mr.S.R.Rajguru a/w Mr.Prajapati for the Union of India. CORAM : R.M.SAVANT, J DATED : NOVEMBER 25, 2008 P.C. 1. By the above Notice of Motion, the Applicants seek the following relief :- “that the Order dated 11th December 1979 passed by the Hon' ble Court in Notice of Motion No.87 of 2 1979 in Suit No.1562 of 1978 be partly modified only to the extent of permitting the intervenors to put up the hoardings in the Compound of the property being Plot Nos.98, 99, 105 and 106, Sector IV, CTS No.320, Chembur Village, Vinay Vivek Co-operating Housing Society Ltd, Chheda Nagar, Chembur, Mumbai – 400 089 and the Hon'ble Court be pleased to direct the Respondents to grant permission to the Applicants for putting up the said hoardings” 2. The Applicants made an Application for putting up the hoardings in the Compound of their property being Plot Nos.98, 99, 105 and 106, Sector IV, CTS No.320, Chheda Nagar, Chembur to the Municipal Corporation of Greater Mumbai. In response to the said Application, the Advocates for the Applicants were informed by the Municipal Corporation of Greater Mumbai by letter bearing No.Dy.Ch.E./B.P./1753/E.S. Dated 17/03/2007 that there is a stay of this Court for any type of development in the entire Chheda Nagar, since the plot is under the jurisdiction of Salt Commissioner and, 3 therefore, directed the Advocates for the Applicants to submit fresh orders of the Court to allow such type of development on the plot under reference. It is pursuant to the said letter dated 16th March 2007 that the above Notice of Motion has been filed for the reliefs prayed for. 3. Though originally the Applicants desired to put up the hoardings on the ground, the learned counsel for Applicants states, on instructions, that the Applicants now desire to put up the hoardings on the terrace of the buildings of the society. If that be so, it would be open for the Applicants to file a fresh Application to the Municipal Corporation of Greater Mumbai on the said basis. If such an Application is made by the Applicants, the Municipal Corporation of Greater Mumbai i.e. The Respondents to the above Notice of Motion to consider the same on its own merits and dispose of the same in accordance with law including the order dated 11th December 1979 passed in Suit No.1562 of 1978. The above Notice of Motion is accordingly disposed of. 4 [R.M.SAVANT, J]