1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.266 OF 2008 IN WRIT PETITION NO.583 OF 2008 Mr.Gustad Rashid Irani. ...Petitioner vs. 1.P.L.Salve, Dy.Collector (Encroachment-Removal) & ors. ...Respondents. ---- Mr.V.A.Thorat, Sr.Advocate i/b. D.S.Mhaispurkar, for Appellant. Mr.Milind More, AGP for Respondents-State. AND WRIT PETITION NO.2150 OF 2008 and CHAMBER SUMMONS NO.163 of 2009 Mr.Aspandier Rashid Irani. ...Petitioner. vs. 1.P.L.Salve, Dy.Collector (Encroachment-Removal) & ors. ...Respondents. 2 --- Mr.A.Y.Sakhare, Sr.Advocate i/b. D.S.Mhaispurkar, for Petitioner. Mr.Milind More, AGP for Respondents 1 & 2. Mr.Sanjay Jain with Brijesh Upadhyay i/b. Purnand & Co. for applicant in Chamber Summons no.163/09. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 10th August,2009. P.C.:- These proceedings arrive out of the same order viz. Order dated 28.9.2007 passed in Appeal no. 15 of 2006 by the Maharashtra Slum Areas (I.C. & R.) Tribunal. So far as the controversy involved in these proceedings is concerned, in view of the additional material that has been produced in these proceedings by the parties, by consent of the parties including the parties who have applied for intervention, the appeal and writ petition are disposed of in the following terms:- 3 1. The order dated 28.9.2007 passed in Appeal no.15 of 2006 is set aside. That appeal is remitted back to the Tribunal for denovo consideration and decision in accordance with law. 2. Parties shall be at liberty to produce additional material before the Tribunal. 3. The Tribunal shall decide the appeal as expeditiously as possible, in any case within a period of six months from the date on which writ of this order is served on the Tribunal. 4. The parties who have applied for permission to intervene in these proceedings shall be at liberty to apply before the Tribunal for either to be joined as parties in the appeal or for permission to intervene. 5. The interim order which is presently operating in Appeal no.266 of 2008 shall continue to operate during the pendency of the proceedings before 4 the Tribunal. Chamber summons no.163/09 in Writ petition no.2150/08 is also disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)