Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 40 OF 2008 IN WRIT PETITION NO. 1152 OF 2002 City Space & ors. ...Petitioners V/s. Shri Debashis Chakravarty & ors. ...Respondents Mr.Vivek Menon i/b.Thakore Jariwalla & Ass.for the petitioners. Mr.Ravi Kadam,Advocate General with Mr.G.D.Utangale i/b.Utangale & Co.for respnodents 1 to 3. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 20th October, 2008 : 20th October, 2008 : 20th October, 2008 P.C. . Heard Counsel for the parties. The principal grievance in this petition is about violation of direction given in order dated 31-7-2002 read with order dated January 8, 2003. 2. According to petitioners, the respondents have issued Letter of Intent (LOI) in favour of Newlook Construction Pvt. Ltd. in respect of C.S.No. 298 (pt),299 to 305 and 306(pt), F.P.No. 27 to 34 of Wadala Estate South Scheme No. 57 at Katrak Road, Wadala for Vithal-Rakhumai Cooperative Housing Society (proposed). 3. Going by the plain language of order dated 31st July, 2002, there is clear prohibition to sanction any 2 new rehabilitation scheme without the permission of the Court until further orders. 4. According to Learned Advocate General, the Letter of Intent is only prelude to sanctioning scheme in favour of M/s. Newlook Construction Pvt. Ltd., which in any case is not in respect of open spaces as such. Whereas, order dated 31st July, 2002 prohibits sanction of any new scheme only in respect of open spaces. 5. According to petitioners, however, the effect of the proposed scheme would result in illegal conversion, diverting or reducing open spaces under the guise of slum rehabilitation scheme. 6. In my opinion, it is inappropriate for this Court to enter into the stated controversy especially when the entire issue is pending before the Division Bench of this Court in Writ Petition No. 1152/2002. In the circumstances, instead of precipitating the present contempt action, the same is disposed of with observation that the authorities may be well advised to take further steps only after seeking necessary clarification from the Division Bench of this Court in Writ Petition No. 1152/2008, failing which it will be open to the petitioners to once again approach this 3 Court for the same relief against the respondents. 7. Even if issuance of Letter of Intent is not in the nature of sanction of rehabilitation scheme as such, the authorities before formally sanctioning any rehabilitation scheme are obliged to approach the Division Bench of this Court in view of the mandate in Order dated 31st July, 2002. 8. In the circumstances, this petition is disposed of in the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]