Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.4 OF 2010 IN WRIT PETITON NO.1320 OF 2000 Mr. D.J. Rane & Ors. ..Petitioners Vs. The Municipal Commissioner, Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. V.A. Thorat, Senior Counsel with Mr. R.A. Thorat, with Mr. P.C. Mankad, Mr. Pravin D. Kadam for the Applicant. Mr. A.Y. Sakhare, Senior Counsel along with Mrs. S.A. Module for respondent No.1. Mr. S. Ingawale, AGP for respondent No.4. Mr. Aspy Chinoy, Senior Counsel i/b. Kishore Thakordas & Co., for the Respondent No.5. CORAM : F.I. REBELLO & A.A. SAYED, JJ. DATED : 19TH MARCH, 2010 P.C. Heard parties. By the present Chamber Summons the petitioners seek to amend the prayer clauses as also some additional averments. It is submitted that the averments are based on information they received under the Right to Information Act and are relevant for the purpose of deciding the controversy in issue. 2. On behalf of the contesting respondents learned Counsel opposes the Chamber Summons seeking to add prayer clause (g) on the ground that the said amendment would change or alter the nature of the petition and the challenge is belated. It is also pointed out that the averments in paragraph 2, paragraph 28, paragraph (b) on page 24 as also paragraphs (d to g) on pages 25 and 26, paragraph (p) on page 39 would not be relevant for the purpose of deciding the controversy. 3. On behalf of the petitioners learned Counsel has submitted a pracipe. In terms of the pracipe the petitioners are seeking to delete existing respondent No.6 as also the following pleadings:- 1. Page No.10 para.(2) to be deleted. 2. Page No.21 para.(28) to be deleted\ 3. Page No.24 par4a.(b) following to be deleted. By introducing the scheme under DCR 33(10) the Respondent No.1 hand in glows and collusion with Respondent No.6, the Developers has eliminated the Petitioners from availing the benefit of not only acquiring the permanent accommodation on ownership basis but also misused and changed the status of the entire property for their unlawful gain by converting part of property into commercial component and permitted Respondent No.6 to sell the commercial component at a very high rate and make profit at the cost of the Petitioners. 4. Page Nos.25, 26 para.(d to g) to be deleted. 5. Page No.39 para (p) to be deleted. 6. Page No.40 the following prayers to be deleted. Prayer Clauses (b), (c), (d), (f) & (g). 4. Chamber Summons allowed except what is set out in para.3. 5. Considering that the amendments are exhaustive liberty to the petitioners to file separate copy of petition with the amendments. Order accordingly. Amendment to be carried out within three weeks from today. Chamber Summons disposed off accordingly. (A.A. SAYED, J.) (F.I. REBELLO,J.)