IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 367 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 91 OF 2008 Rajendra Thacker ..Petitioner versus State of Maharashtra & Ors. ..Respondents Ms Sumedha Rao for Petitioner. Mr. G. Utangale i/b Utangale & Co. for Respondent No.3. Mr. K.K.Singhvi,Sr.Counsel a/w Mrs. Shobha Ajuitkumar for B.M.C. Mr. S.U. Kamdar, Sr. Counsel a/w Mr. C.S. Kapadia i/by Parimal K. Shroof for Respondent Nos. 6, 6A,6B, 6C. Mr. A.N. Modi a/w Robin Garge i/b Mulla & Mulla for Respondent No.7. CORAM : F.I. REBELLO & A. A. SAYED , JJ. DATED : 31ST MARCH, 2010. P.C. 1 By the present Notice of Motion what the petitioner has prayed is that respondent No.7 be restrained from carrying on the commercial enterprises of the Imperial Palace Hotel situated inside Aarey Milk Colony in Goregaon. Second, liberty is to direct respondent No. 4 to disconnect the water connection to all unauthorized structures in Aarey Milk Colony in Royal Palm Complex . 2 In so far as prayer clause (b) is concerned, the learned Counsel for the applicant states that at this moment this prayer is infructuous. Hence we need not deal with the same. In so far as prayer clause (a) is concerned, the relief sought is mainly on the ground that the structures were put in No Development Zone. 3 A reply has been filed by Mr. V.L. Joshi, Chief Engineer(D.P.). It is pointed out that on 29-9-1998, the land notified in the schedule which are set out therein have been converted from NDZ to TDZ. In other words, it is in No Development Zone to a Zone wherein at least related activities can be carried out. In our opinion at this stage, we need not grant any relief. If other material comes on record at the stage of hearing, it will be considered in accordance with law. In the light of that, motion is disposed of. Sd/- (F.I. REBELLO J.) Sd/- ( A. A. SAYED, J.)