-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2032 OF 2010 IN WRIT PETITION NO. 3557 OF 2010. Vijay Nagar (Gawali Nagar)Co-operative ) Hsg. SocietyFederation Ltd., a Registered ) Society having its Registered Address at 5, ) Ajinkya, Darshana Apartment, Gawali ) Nagar, Tis-gaon, Kalyan (East), Dist.Thane ) 421 306 through Mr. Prashant Kale, the ) Director. ) ..Applicant. Versus 1. Santhomas Charitable Trust of Kalyan ) Through its Fr. Sebastian Mudakkalil ) Plot No.82, Vijay Nagar, Kalyan (East) ) 421 306 Dist. Thane. ) ..Respondents/ Original Petitioner 2. Kalyan Dombivali Municipal Corporation) Through its Commissioner ) KDMC, Shankarrao Chowk, Kalyan (West) 3. Executive Engineer, KDMC, ) Both Having Office at KDMC, Shankarrao) Chowk, Kalyan (West). ) 4. Collector Thane District, ) Having its office at Collector Office, ) Tembhi Naka, Opp. Thane Dist. & ) Sessions Court Thane, Thane. ) 5. Parent and Teachers Association ) St. Thomas School, Plot No.82, ) Vijay Nagar, Kalyan (East) 421 306 ) Dist. Thane. ) ...Respondents/ Original Respondents No. 1 to 4. Ms. Seema Sarnaik for the applicant. Mr. Uday Warunjikiar i/b Mr. K. B. Dighe for the petitioner in W.P. Mr. A. S. Rao for respondent nos. 1 & 2. Mr. S. S. Redekar for respondent no.4. srp -: 2 :- Coram : SMT. RANJANA DESAI & R. V. MORE, JJ. Date : August 31, 2010. P. C. : 1. The case of the petitioner is that St. Thomas School run by it approached respondent no.2, who is Executive Engineer of Kalyan Dombivali Municipal Corporation (“KDMC” for short) for handing over possession of plot of land bearing Plot No.77 in Survey No. 30 Pt. of village Tisgaon, Taluka : Kalyan District ; Thane to the school for development as play ground and garden on BOT basis vide letter dated 25/7/2008. On 22/6/2009 an agreement was executed between the petitioner and the 2nd respondent for that purpose. The grievance of the petitioner is that the said agreement has been illegally terminated by the 2nd respondent. The petitioner has therefore interalia prayed that respondent nos. 1 & 2 be directed to recall the termination letter and to permit the petitioner to proceed with its development work on the said plot. 2. Intervention application has been filed by Vijaynagar (Gawali Nagar) Co-operative Housing Society Federation Limited. The applicant claims to be a federation of 11 Co-operative Housing Societies The intervenor claims that the said land does not belong to the 2nd -: 3 :- respondent. According to the applicant, the said plot is jointly owned by 92 plot owners and the applicant is one of those joint owners. The applicant has therefore prayed that it may be allowed to intervene in this petition. Reference can also be made to the affidavit-in-reply filed by R. S. Puranik, Executive Engineer, KDMC – respondent no.2 wherein it is stated that the title of the KDMC to the said plot is in doubt. Learned counsel for the petitioner has seriously opposed the intervention application. In our opinion, in view of the rival contentions and stand taken by the applicant in the application the applicant appears to be necessary party. Hence, intervention application is granted. Amendment to be carried out forthwith. 3. Intervention application is disposed of. 4. Writ Petition No.3557 of 2010 be placed in first ten matters on 9th September, 2010. (R.V. More, J.) (Smt. Ranjana Desai,J.)