1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO.3028 OF 2008 IN SUIT NO.3156 OF 1999 I.C.I.C.I Bank Ltd. ...Plaintiff Vs. Mafatlal Engineering Ind. Ltd. & 8 Ors. ...Defendants And New Shivajinagar Rajarshree Shahu Cooperative Hsng. Society ...Applicants Mr.Arun Siwach i/. A&M & S.A.Shroff & Co. for Plaintiff Mr. Ashish Kamat i/b. V. Deshpande & Co., for Defendant No.10 Mr.N.R. Bubna for Applicant CORAM: SMT.ROSHAN DALVI, J. DATED: 29 TH JANUARY, 2009 P.C. 1. This Notice of Motion is taken out by the Thane Municipal Corporation for a direction, permitting the Corporation to keep possession of part of the suit property reserved in the Sanctioned Development Plan for public purposes as mentioned therein, after removing the encroachments thereupon. 2. The Applicant has relied upon the Development Plan of 2 the suit property and the surrounding area. There are small patches of land which are reserved as recreation ground. The sale of the suit land by the Court Receiver who has already been appointed has to be subject to those reservations. The Applicant desires to take possession of those reserved parts of the suit land for the purpose of providing a pumping station, drainage network, sewerage network and roads. The Corporation would be entitled to utilise the areas reserved as recreation ground subject to the acquisition, by agreement or by following the procedure under the Land Acquisition Act. It is clarified that any sale of the suit property for which the Court Receiver is appointed shall be subject to those reservations. 3. The Notice of Motion is disposed of accordingly. (SMT. ROSHAN DALVI, J.)