1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.277 OF 2009 IN WRIT PETITION NO.1400 OF 2004 Shree Mahyawanshi Samaj, Bombay. ...Petitioner. vs. 1.State of Maharashtra & ors. ...Respondents. And Panchsheet Co-op.Housing Scty.Ltd. ...Applicant AND NOTICE OF MOTION NO.300 OF 2009 IN WRIT PETITION NO.1400 OF 2004 Shree Mahyawanshi Samaj, Bombay. ...Petitioner. vs. 1.State of Maharashtra & ors. ...Respondents. And Lokhandwala Shelters India Pvt.Ltd....Applicant 2 --- Mr.R.N.Kachare,for Petitioner. Mr.F.Devitre, Sr.Advocate i/b. Mr.Anil Rao, for Applicant in N.M. no.277/09. Mr.D.D.Madan, Sr.Advocate with Mr.V.R.Dhond & Mr.D.B.Deokar i/b. P.K.Shroff & Co., for applicant in N.M.no.300/09. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 2nd September,2009 P.C.:- 1. On a motion made by the learned Counsel appearing for petitioner, the petitioner is permitted to join the applicants in both the notices of motion as respondents. Petitioner to carry out amendment within a period of three weeks from today. Newly added respondents waive service of notice. 2. So far as the question of vacation of the order is concerned, it is common ground that so far as C.S.no.1/122 and C.S.no.2/122 are concerned, 3 construction and development on this land has already taken place, buildings are actually standing on the land and they have also been occupied. In our opinion, in this situation, it will not be appropriate to continue the ad-interim order which is granted by this Court and which is continued, and therefore, the ad-interim order is vacated. However, any development on the land in respect of the above referred city survey numbers and any development which is to be made hereinafter, shall be subject to the result of the petition. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)