IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 7 OF 2006 CONTEMPT PETITION NO. 7 OF 2006 CONTEMPT PETITION NO. 7 OF 2006 IN IN IN WRIT PETITION NO. 790 OF 1994 WRIT PETITION NO. 790 OF 1994 WRIT PETITION NO. 790 OF 1994 Dr. Dina Sohrab Hakim & Anr. ... Petitioners Dr. Dina Sohrab Hakim & Anr. ... Petitioners Dr. Dina Sohrab Hakim & Anr. ... Petitioners Vs. Vs. Vs. State of Maharashtra & Ors. ... Respnodents State of Maharashtra & Ors. ... Respnodents State of Maharashtra & Ors. ... Respnodents Ms. Snehal Shah & S.B. Kotak i/b. Purnanand & Co. for Ms. Snehal Shah & S.B. Kotak i/b. Purnanand & Co. for Ms. Snehal Shah & S.B. Kotak i/b. Purnanand & Co. for the petitioners. the petitioners. the petitioners. Mr. B.H.Shroff, AGP for Respondents 1 & 2. Mr. B.H.Shroff, AGP for Respondents 1 & 2. Mr. B.H.Shroff, AGP for Respondents 1 & 2. Ms. T.H.Puranik for Respondent No.3. Ms. T.H.Puranik for Respondent No.3. Ms. T.H.Puranik for Respondent No.3. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 31st March,2006 31st March,2006 31st March,2006. P.C. P.C. P.C. 1. By the concerned order dated 28.3.2002, the 1. By the concerned order dated 28.3.2002, the 1. By the concerned order dated 28.3.2002, the relief was granted to the petitiioners in terms of relief was granted to the petitiioners in terms of relief was granted to the petitiioners in terms of prayer clause (a). By that order, the Respondents prayer clause (a). By that order, the Respondents prayer clause (a). By that order, the Respondents were directed to examine the legality and propriety of were directed to examine the legality and propriety of were directed to examine the legality and propriety of the impugned reservation of the land bearing C.S. the impugned reservation of the land bearing C.S. the impugned reservation of the land bearing C.S. No.176 of Tardeo Division knwon as Hakim Wadi Chawl. No.176 of Tardeo Division knwon as Hakim Wadi Chawl. No.176 of Tardeo Division knwon as Hakim Wadi Chawl. 2. The learned Counsel for the Respondents Nos. 1 2. The learned Counsel for the Respondents Nos. 1 2. The learned Counsel for the Respondents Nos. 1 and 2 has produced a copy of the letter dated and 2 has produced a copy of the letter dated and 2 has produced a copy of the letter dated 17th/18th March 2006 addressed tothe Chief Engineer, 17th/18th March 2006 addressed tothe Chief Engineer, 17th/18th March 2006 addressed tothe Chief Engineer, Municipal Corporation of Greater Mumbai, informing Municipal Corporation of Greater Mumbai, informing Municipal Corporation of Greater Mumbai, informing them that the Government has not filed any appeal them that the Government has not filed any appeal them that the Government has not filed any appeal against the aforesaid order and requesting the Chief against the aforesaid order and requesting the Chief against the aforesaid order and requesting the Chief Engineer to follow orders. The learned Counsel for Engineer to follow orders. The learned Counsel for Engineer to follow orders. The learned Counsel for the Respokndent No.3 - Corporation has already the Respokndent No.3 - Corporation has already the Respokndent No.3 - Corporation has already received the copy of this letter. received the copy of this letter. received the copy of this letter. 3. The Respondent No.3 - Corporation has filed an 3. The Respondent No.3 - Corporation has filed an 3. The Respondent No.3 - Corporation has filed an affidavit dated 2.3.2006 wherein they have affidavit dated 2.3.2006 wherein they have affidavit dated 2.3.2006 wherein they have specificalyb mentioned that it was for the State specificalyb mentioned that it was for the State specificalyb mentioned that it was for the State Government - Respodnent No.1 to comply with the Government - Respodnent No.1 to comply with the Government - Respodnent No.1 to comply with the Court’s directions and on compliance of the same, the Court’s directions and on compliance of the same, the Court’s directions and on compliance of the same, the Respondents herein will issue the revised D.P. Respondents herein will issue the revised D.P. Respondents herein will issue the revised D.P. remarks to the petitioners. In view of this remarks to the petitioners. In view of this remarks to the petitioners. In view of this statement, it is clear that the Respondent - statement, it is clear that the Respondent - statement, it is clear that the Respondent - Corporation is waiting for the directions of the State Corporation is waiting for the directions of the State Corporation is waiting for the directions of the State Government. Such directions have already been issued. Government. Such directions have already been issued. Government. Such directions have already been issued. 4. Now the Corporation shall comply with the order 4. Now the Corporation shall comply with the order 4. Now the Corporation shall comply with the order within six weeks from today. Liberty to move this within six weeks from today. Liberty to move this within six weeks from today. Liberty to move this Court in case the orders are not complied with within Court in case the orders are not complied with within Court in case the orders are not complied with within the aforesaid period. the aforesaid period. the aforesaid period. Petition stands disposed of. Petition stands disposed of. Petition stands disposed of. -- -- -- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)