1 srk nm-578-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.578 OF 2010 IN WRIT PETITION NO.1152 OF 2002 CitySpace and others. ... Petitioners Versus State of Maharashtra and others. ... Respondents Mr. Z.A. Jariwala i/by M/s. Thakore Jariwala Associates for the petitioners. Mr. Ravi Kadam, Advocate General with Mr. G.D. Uttangale i/by M/s. Uttangale & Co. for respondent Nos.1 and 2. Ms. Priti Purandare for respondent No.3. Mr. Bharat Zaveri for respondents in notice of motion. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Thursday, December 23, 2010 P .C. Writ petition No.1152 of 2002 was mainly filed in the public interest on the ground that the lands kept open in the development plan are being encroached upon resulting in reduction of area of recreation garden 2. While entertaining this petition, the Court passed order dated 31st July, 2002 in the following terms:- "Heard parties. 2. Respondent no.2 is directed to file an affidavit disclosing necessary information as claimed in prayer clauses (c)(i) to (xiii) of the writ petition. 3. Adjourned for four weeks. In the meantime, until further 2 srk nm-578-10.sxw orders, no new rehabilitation scheme be sanctioned without the permission of this Court in respect of the open spaces which are reserved for gardens, parks, playgrounds, recreational spaces, maidans, no-development zones, pavements, roads and carriageways." 3. Now, the present notice of motion is being taken out pointing out the order of this Court and further indicating that the No Development Zone would be protected. The learned counsel for the parties have also placed before us the minutes of the order for the rehabilitation scheme. 4. Accordingly, the said minutes of the order are taken on record and marked "X" for identification purposes. 5. We, accordingly, pass order in terms of minutes of the order filed and the undertaking given in the minutes of the order is accepted. Notice of motion stands disposed of accordingly. CHIEF JUSTICE S.J. KATHAWALLA, J. 3 srk nm-578-10.sxw