:1: :1: :1: IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.107 OF 1996 LETTERS PATENT APPEAL NO.107 OF 1996 LETTERS PATENT APPEAL NO.107 OF 1996 Smt.Chanchalben Amritlal Patel Indian Inhabitant, resident at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Somchand K.Panchal Room No.7. .. 6. Chaturbhuj J.Patel Room No.2 .. 7. Murlidhar Pandya Room No.2 and 5 .. 8. Lilavtiben D. Gujjar Room Nos.1, 4 to 7) .. all Indian Inhabitants, residing at Tamkuwala Chawl, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.108 OF 1996 LETTERS PATENT APPEAL NO.108 OF 1996 LETTERS PATENT APPEAL NO.108 OF 1996 Smt.Laxmiben P.Bharwad, C.A. Navinchandra P.Bharwad, Indian Inhabitant, residing at Popat Jiva Building, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. :2: :2: :2: Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Jamnadas M.Khakhar Navinchandra Popatlal Chawl Room No.A/1 .. 6. Narsibhai Gughabhai Shop No.2 A, .. 7. Manharbhai Chawda Shop No.A-6 .. 8. Raja Nanji Patel Shop No.A-7, .. 9. Jethalal Kalidas Patel Room No.B-7, .. 10.Hemant Waman Amre Room No.B-5 .. 11.Natwarlal Vithaldas Chauhan Room No.B-2 .. all of Bombay, Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.109 OF 1996 LETTERS PATENT APPEAL NO.109 OF 1996 LETTERS PATENT APPEAL NO.109 OF 1996 Smt.Shiromani Vijayabahadur Singh Indian Inhabitant, residing at 203, Ganesh Apartment, 2nd Floor, Raheja Township, Opp.State Bank Colony, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and :3: :3: :3: Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Ramabhai Sedhabhai Satware Chawl No.3, Room No.6, 6. Balvir Boluram Sharma Chawl No.3, Room No.7, .. 7. Nakku Ramsurat Mistry Chawl No.3, Room No.8. .. 8. Jagannath Mataprasad Yadav Chawl No.3, Room No.1. .. 9. Jokai Sukhdev Mistry Chawl No.3, Room No.2, .. 10.Rajpat Durgacharan Yadav Chawl No.3, Room No.3, .. 11.Laxminarayan B.Gupta Chawl No.2, Room No.1, .. 12.Munnidevi Ramesh Kanaujia Chawl No.2, Room No.2, .. 13.Amarnath Bhairav Chawl No.2, Room No.4, .. 14.Ramchandra Vishwakarma Chawl No.1, Room No.1, .. 15.Nanjibhai Gamarbhai Patel Chawl No.1, Room No.3, .. 16.Jairam Govind Jagade Chawl No.1, Room No.6, .. 17.Laltaprasad M. Yadav Chawl No.1, Room No.10, .. 18.Prabhavathi S.Taylor Chawl No.1, Room No.15, .. 19.Anilkumar Shantilal Yadav Chawl No.1 Room No.14, .. 20.Prafulkumar Shanitlal Taylor Chawl No.1, Room No.16, .. all Indian Inhabitants, residing at Shiromani :4: :4: :4: Vijaybahadur Chawl, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.110 OF 1996 LETTERS PATENT APPEAL NO.110 OF 1996 LETTERS PATENT APPEAL NO.110 OF 1996 Smt.Laxmanbhai Ravji Patel C.A. to Dhanji Harji Patel Indian Inhabitant, residing at Kantikunj Building, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Jyotiben Savabhai Patel Room No.17 and 18. .. 6. Jagdish Pasoo Dhobi, Room No.21 and 10 .. 7. Babulal Hargovind, Room No.15 .. all Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.111 OF 1996 LETTERS PATENT APPEAL NO.111 OF 1996 LETTERS PATENT APPEAL NO.111 OF 1996 Shri Trambak Dhondu Mistry C.A. S.R.Garchar :5: :5: :5: Indian Inhabitant, residing at D.N.Patel Chawl, Room No.21, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Hemlata Devji Shah, "F" Chawl, Room No.1, .. 6. Vijay Jaysukhlal Makwana, "A" Chawl, Room No.1 .. 7. Kirikumar Babulal Joshi "A" Chawl, .. 8. Smt.Indumati Batukrai "B" Chawl, Room No.6, .. 9. Natwarlal Devjibhai Chawl No."C", Room No.5, .. 10.Smt.Shardaben J. Patel Chawl No."D", Room No.1, .. 11.Bhaichandbhai Dosabhai Chawl "E", Room No.2 and 3, .. all Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.112 OF 1996 LETTERS PATENT APPEAL NO.112 OF 1996 LETTERS PATENT APPEAL NO.112 OF 1996 Smt.Santokben J. Bharwad, C.A. Navinchandra P.Bharwad, Indian Inhabitant, residing at Popat Jiva Building, Dhanjiwadi, Rani Sati Marg, :6: :6: :6: Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Nilamben R.Sheth, Room No.7 .. 6. Devjibhai C.Parmar Shop No.6, .. 7. Montu D’Souza Shop No.5, .. 8. Manjunath Narayan .. all Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.113 OF 1996 LETTERS PATENT APPEAL NO.113 OF 1996 LETTERS PATENT APPEAL NO.113 OF 1996 Ahmad Dawood Saina Kumbhar Indian Inhabitant, residing at Dawood Saina Chawl, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal :7: :7: :7: having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Induben Shankar Chauhan Room No.1, .. 6. Jayaben Dhirajbhai Room No.3, .. 7. Shivram Bhachubhai Room No.4, .. all Indian Inhabitants, residing at Dawood Saina Chawl, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.114 OF 1996 LETTERS PATENT APPEAL NO.114 OF 1996 LETTERS PATENT APPEAL NO.114 OF 1996 Shri Mohanbhai Ramjibhai Mistry of Indian Inhabitant, residing at Kantawala Own Chawl, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Hasmukhlal Jamnadas Fofani Chawl No.2, Room No.12, :8: :8: :8: 6. Gokalbhai Arajanbhai Patel Chawl No.2, Room No.2, .. 7. Mohanbhai Manbhai Chawl No.__ Room No.7/14 .. 8. Mahendrakumar Natwarlal Chawl No.2, Room No.9, .. 9. Kalubhai Raghavji Patel Chawl No.2, Room No.19, .. 10.Amritlal Himatlal Bhatt Chawl No.2, Room No.22, .. 11.Motilal Nandlal Soni Chawl No.1, Room No.26, .. 12.Gaurishankar Mulshankar Bhatt Chawl No.1, Room No.18, .. 13.Narenrdakumar D.Dave Chawl No.3, Room No.12, .. 14.Kirtikumar Ratilal Shah Chawl No.3, Room No.22, .. all Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.115 OF 1996 LETTERS PATENT APPEAL NO.115 OF 1996 LETTERS PATENT APPEAL NO.115 OF 1996 Shri Mohanbhai Sukhabhai Patel Indian Inhabitant, resident at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Pragjibhai Mohanlal Chudasma :9: :9: :9: Room No.2, .. 6. Gandhi Arvindbhai Ratilal Room No.3, .. 7. Devraj Manji Kadia, Room No.4, .. 8. Ravilal Ratanshi Shah Room No.5, .. 9. Indrachandra K. Sharma Room No.6, .. 10.Kantilal Chhaganlal Bhatt Room No.7, .. 11.Champaklal K.Shah Room No.15, .. 12.Ishwaribai T. Parmar Room No.18, .. 13.Memon Nasibullas Sikander Room No.19, .. 14.Smt.Damyantiben M.Joshi Room No.20, .. 15.Indrachandra K.Sharma Room No.23, .. 16.Mali Babulal Gallaji Room No.24, .. 17.Amersibhai Mohanbhai Room No.27 .. 18.Patel Jaswantbhai Chandubhai Room No.27, .. 19.Sagar Zaverbhai Bhimjibhai Room No.28, .. 20.Vimlaben Anantrai Doshi Room No.33, .. 21.Pushpaben Gunvantrai Joshi Room No.36, .. 22.Valabhai Donabhai Patel Room No.38, .. 23.Raimalbhai J.Patel Room No.39, .. all Indian Inhabitants, residing at M.S.Patel Chawl, Swaminarayan Building, Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. ALONGWITH LETTERS PATENT APPEAL NO.116 OF 1996 LETTERS PATENT APPEAL NO.116 OF 1996 LETTERS PATENT APPEAL NO.116 OF 1996 Khatijabhai Haji Abdul Karim Indian Inhabitant, resident at Telwala Chawl, 80/19, Dhanjiwadi, Rani Sati Marg, :10: :10: :10: Malad (East), Bombay 400 097. .. Appellant. Versus 1. Deputy Collector (ENC) and Competent Authority, Taluka Borivali, having his office at M.G.B.Building No.34, 1st Floor, Siddharth Road, S.V.Road, Goregaon (West), Bombay - 62. .. 2. The President, Maharashtra Slum Areas (I.C. & R.) Tribunal having its office at Grih Nirman Bhavan, Bandra (East), Bombay 400 032. .. 3. State of Maharashtra Mantralaya, Bombay 400 032. .. 4. Dhaniwadi Chawl Group Co-op. Housing Ltd. having office at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. 5. Mahesh Jagmohan Khatri Room No.2, Telwala Chawl, .. 6. Kadermiya Huseinmiya Room No.3, Telwala Chawl .. 7. Dr.Dhirajlal K.Bahuwa Room No.6-7, Shop No.8, Telwala Chawl, .. 8. Joshi Iswarlal Keshavlal Room No.13, Telwala Chawl .. 9. Smt.Bhanumati Vershi Room No.14, Telwala Chawl .. 10.Velji Laxman Chawda Room No.20, Telwala Chawl .. 11.Nazir Babalal Kalal Room No.21, Telwala Chawl .. all Indian Inhabitants, residing at Dhanjiwadi, Rani Sati Marg, Malad (East), Bombay 400 097. .. Respondents. Mr.Anil C.Singh for the appellants. Ms.Rajani Iyer i/b M/s.Shah and Sanghavi for respondent no.4. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : APRIL 8, 2005. DATE : APRIL 8, 2005. DATE : APRIL 8, 2005. :11: :11: :11: ORAL JUDGMENT (PER D.B.BHOSALE, J.) ORAL JUDGMENT (PER D.B.BHOSALE, J.) ORAL JUDGMENT (PER D.B.BHOSALE, J.) 1. All the nine letters patent appeals involve common questions and, therefore, we propose to decide them by a common judgment. Though the appellants in all the appeals are different the facts are similar. The appeals are arising from common orders passed by the authorities below rejecting the applications filed by the appellants and some other similarly placed persons, under section 22 (1) (a) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short ‘the Act’). Those orders have been affirmed by the impugned order passed by the learned Single Judge in the writ petitions filed by the appellants. The applications under section 22 (1) (a) of the Act were filed seeking permission to institute a suit for recovery of the arrears of rent and on that ground for eviction against the respondent-occupiers of the buildings/chawls in the slum area. The land and the buildings admittedly situate in the slum area declared under sub-section (1) of section 4 of the Act. The learned Single Judge dismissed all the writ petitions filed by the appellants by similar orders in limine. The order passed in the writ petitions and which is impugned :12: :12: :12: in the present appeals dated 26.2.1996 reads thus: "Heard the Learned Counsel for the Petitioner at length. Perused the impugned order of the Competent Authority and the Tribunal. A careful reading of the impugned orders it is obvious that both the authorities have arrwwed at a concurrent finding of fact which is based on material on record that the Petitioners are slumlords and are not entitled to recover rent in respect of the tenements in question. The order are well reasoned. I do not find any cogent reason to interfere with the impugned order of the Tribunal. Hence, this Writ Petition is dismissed". 2. F.E.Dinshaw Charities (for short ‘the Trust’) were the original owners of the land admeasuring 8 acres situate at Dhanjiwadi, village Malad, Mumbai bearing old survey nos.173, 174, 240 and 269 (new survey numbers being 284(part) and 290). The case set up by the appellants is that the 5 acres out of the aforesaid land was given on lease by the Trust to one Karsan Jivabai on 30.6.1954 (for short ‘the said land’). Karsan Jivabai in turn created sub-lease in favour of various persons including the appellants in the said land between 1954 and 1960. The appellants claim that prior to 1962 they erected several buildings (chawls) in the said land and inducted hundreds of persons therein as their tenants. They :13: :13: :13: further claim that they provided all essential amenities and facilities to their tenants-occupiers and were collecting rent from them. According to the appellants, construction of the chawls in the said land and induction of several persons as their tenants was within the knowledge of Karsan Jivabai as also of the trust to which they never objected to. The appellants claim that they are the owners of the said chawls/buildings standing in the said land. 3. On September 30, 1977 a declaration under sub-section (1) of section 4 of the Act, thereby declaring the land bearing city survey nos.482 to 485 and its division nos.489 to 517 and its sub-division situate at Dhanjiwadi, Malad as slum area, was notified in the Official Gazette. The aforestated city survey numbers and the said land situate at Dhanjiwadi, Malad is one and the same. In 1985, the trust after inviting the tenders from prospective buyers offering the entire eight acres of land including the said land for sale on "as is where is" basis, executed a registered sale deed dated 30.7.1986, in favour of Dhanjiwadi Co-operative Housing Society (for short ‘the society’), which is the respondent in all the :14: :14: :14: appeals. The said conveyance was executed after seeking permission of the Charity Commissioner under section 36(1)(a) of the Bombay Public Trust Act, 1950. The society purchased the entire 8 acres of land owned by the trust and since then it has become owner of the said land. The occupants of the land/chawls situate on the said land, are the members of the society. It is an admitted position that the society has undertaken the task of development of the slum. Forty percent of the said land has already been developed by the society. It has demolished the old, dilapidated chawls/buildings and constructed new buildings and have put the occupiers in possession thereof after seeking permission under section 8(1) of the Act. Other development is also in progress. 4. The aforementioned land has been subjected to several proceedings under the provisions of the Act, suits, writ petitions and special leave petitions since 1977, the year in which the notification declaring the entire 8 acres of land as slum under section 4(1) of the Act was issued by the Competent Authority. We deem it appropriate to make reference to all those proceedings, to understand and appreciate the arguments advanced by :15: :15: :15: the learned counsel appearing for the parties and in particular the submission of the learned counsel for the society that the appellants and other similarly placed persons did not keep a single stone unturned to stall the development of the said land by filing different proceedings personally and/or through handful occupiers. 5. The different proceedings initiated, contested and pending till this date can be divided into three groups: (A) It started with the two appeals filed at different point of time, one by the trust and other by the appellants, challenging the notification under section 4(1) of the Act. The trust had filed four appeals bearing nos.1023, 1024, 1025 and 1026 of 1977 challenging the four different notifications issued under section 4(1) of the Act which were dismissed by the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal, Mumbai (for short ‘the Tribunal’) by its judgment and order dated 29.9.1980. The Trust did not carry the matter further. In so far as the appeals filed by the appellants and few other similarly placed persons are concerned, they were :16: :16: :16: dismissed by the tribunal by the judgment and order dated 4.2.1991. That judgment was challenged by the appellants as also by some other persons in writ petitions. Writ Petition bearing No.2871 of 1991 filed by the appellant came to be dismissed on 12.7.2002 whereas other writ petitions came to be dismissed on 24.10.1992. (B) The second group of the proceedings arise out of the orders of eviction and demolition passed under sections 33 and 38 of the Act, against which several appeals and suits were filed by different persons. (a) The first such suit, was filed by one of the occupiers bearing B.C.C.C.Suit No.1146 of 1988 against the action of demolition. The application seeking interim stay of demolition filed in the said suit was, however, rejected by the Judge of the City Civil Court on 19.4.1988. The matter was not carried further. (b) One more occupier filed appeal No.73 of 2000 against the order of demolition and eviction under sections 33 and 38. The appeal, however, came to be rejected by the Commissioner of Konkan Division, Mumbai (for short ‘the Commissioner’) by his judgment and order dated 29.11.2000. That order was carried in writ petition no.2828 of 2002 which also was dismissed :17: :17: :17: on 20.12.2001. The letters patent appeal filed against that order bearing No.12 of 2002 has been admitted by this Court. However, notice of motion taken out therein for interim relief came to be dismissed on 30.1.2004. That order has been affirmed by the Apex Court in S.L.P.No.4445 of 2004 on 15.3.2004. (c) One Babulal R.Patel and others also had filed a suit No.3789 of 1994 against the order of demolition in which interim relief was refused by the order dated 5.7.1994. That order was carried in Appeal from Order No.825 of 1994 in this Court. The A.O. was ultimately allowed to be withdrawn by this Court (Variava, J.) on 17.7.1994. (d) One Trimbak D.Mistry, the appellant in L.P.A. No.111 of 1996, also had filed suit No.599 of 1996 in this Court against the society and others seeking stay to demolition. In that suit a Notice of Motion No.516 of 1996 was taken out for interim order in which ad-interim relief was refused by this Court vide order dated 23.2.1996. That order was carried in appeal No.309 of 1996 which was allowed to be withdrawn by the division bench presided over by Hon’ble the Chief Justice on 25.3.1996. Ultimately, notice of motion no.516 of 1996 was also allowed to be withdrawn on 26.11.1998. (e) The ten writ petitions had also :18: :18: :18: been filed by some of the occupants of the structures including Shiromani Vijay Bahadur Singh and Trimbak Dhondu Mistry, the appellants in L.P.A. No.109 of 1996 and 111 of 1996 respectively, to save the structures from demolition. All the ten writ petitions, however, came to be dismissed by this Court on 26.2.1996. (f) One more order of eviction and demolition was passed on 3.10.2000 against which appeal No.73 of 2000 filed by one of the occupiers also came to be rejected by the Commissioner on 29.11.2000. (g) Yet another order passed under sections 33 and 38 dated 20.4.1995 against Taraben Doshi and Arvind Rathod was carried in appeal before the Commissioner. However, the appeal was dismissed on 28.6.1995 against which writ petition No.3131 of 1995 was filed in this Court. The writ petition also came to be dismissed on 21.7.1995. The two L.P.A.Nos.96 of 1995 and 97 of 1995 filed against the order dated 21.7.1995 were dismissed by the division bench presided over by Hon’ble Mr.Justice A.V.Sawant vide order dated 2.8.1995. (h) Similarly, the order of demolition dated 2.11.1995 passed against Prakash Makwana, Baldevbhai Patel, Madhuben Shah and others was challenged in appeal by Makwana before the Commissioner who dismissed that appeal on :19: :19: :19: 16.12.1995. Writ Petition No.2151 of 1995 filed against that order also came to be dismissed by the division bench presided over by the Chief Justice on 15.1.1996. The special leave petition filed against that order in the Supreme Court bearing No.2422 of 1996 also came to be disposed of vide order dated 19.2.1996 in which three weeks time to vacate the tenements was granted to the petitioners. Civil appeal No.3637 of 1996 arising from S.L.P.No.2422 of 1996 ultimately came to be dismissed by the Apex Court on 22.9.1996. (i) There was yet another writ petition bearing No.187 of 1997 filed by Kalyanji Dedhia and others to stall the development. The writ petition was dismissed by the division bench presided over by Hon’ble the Chief Justice on 3.3.1997. The S.L.P. filed in the Apex Court against that order bearing No.6461 of 1997 also came to be rejected on 1.9.1997. (j) Further an attempt was also made to stall the development in the said land by filing a dispute under section 91 of the Maharashtra Co-operative Societies Act, 1960. In the dispute, stay to redevelopment in terms of the agreement dated 17.9.1993 was sought by 36 disputants. The application seeking injunction filed in the said dispute was rejected by the Co-operative Court by :20: :20: :20: order dated 9.1.1996. That order was carried in appeal which was rejected by the Co-operative Appellate Court on 30.4.1996. The writ petition filed against that order bearing No.2881 of 1996 was rejected by the learned Single Judge of this Court (Kapadia, J.) on 6.6.1996. The S.L.P. against that order filed in the Supreme Court bearing No.14385 of 1996 also came to be dismissed on 12.8.1996. (C) After having lost