1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 22 OF 2005 CIVIL APPLICATION NO. 22 OF 2005 CIVIL APPLICATION NO. 22 OF 2005 IN IN IN PUBLIC INTEREST LITIGATION NO.43 OF 2005 PUBLIC INTEREST LITIGATION NO.43 OF 2005 PUBLIC INTEREST LITIGATION NO.43 OF 2005 Amey Co-operative Housing Society Ltd. ...Applicant Vs. Public Concern for Governance Trust and Ors. ...Respondents ----- Mr.S.H.Doctar with Mrs. Preeti Shah Adv. for Applicant Mr.C.U.Singh with Ms. Sonu Singh & Mr. Mahesh Londhe i/b. M/s. Sanjay Udeshi Adv.for Respondent No.1 Mr. Ravi Kadam, Advocate General with Mr. P.I. Khemani, A.G.P. for Respondent No.2 Mr.G.S.Hegde and Mr. Lokesh Adv. for Respondent No.3 Mr.R.S.Apte Adv. for Respondent No.4 Mr. Janak Dwarkadas with Mr. P.K.Shroff and Mr. Subodh Joshi & Ms. Radhika Pinzara i/b. M/s. Shroff & Co. for Respondent No.5 CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 3RD AUGUST, 2005 DATED: 3RD AUGUST, 2005 DATED: 3RD AUGUST, 2005 P.C. P.C. P.C. 1. The Prayers in this Civil Application are 1. The Prayers in this Civil Application are 1. The Prayers in this Civil Application are similar to those in Civil Application No.12 of 2005 similar to those in Civil Application No.12 of 2005 similar to those in Civil Application No.12 of 2005 except prayers (a) under which the Respondents desire except prayers (a) under which the Respondents desire except prayers (a) under which the Respondents desire to put up RCC construction. Since the very allotment to put up RCC construction. Since the very allotment to put up RCC construction. Since the very allotment to the Respondents is challenged in the Petition, no to the Respondents is challenged in the Petition, no to the Respondents is challenged in the Petition, no further construction can be allowed pending the further construction can be allowed pending the further construction can be allowed pending the Petition. Hence, prayer (a) is refused. Petition. Hence, prayer (a) is refused. Petition. Hence, prayer (a) is refused. 2 2. In view of the order passed by us in Civil 2. In view of the order passed by us in Civil 2. In view of the order passed by us in Civil Application No.12 of 2005 this Civil Application is Application No.12 of 2005 this Civil Application is Application No.12 of 2005 this Civil Application is also disposed of accordingly. also disposed of accordingly. also disposed of accordingly. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)