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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.135 OF 2008 CHAMBER SUMMONS NO.135 OF 2008 CHAMBER SUMMONS NO.135 OF 2008 IN IN IN WRIT PETITION NO. 1650 OF 2005 WRIT PETITION NO. 1650 OF 2005 WRIT PETITION NO. 1650 OF 2005 Indian National Trust For Arts and Cultural Heritage & Ors. .. Petitioners. vs. State of Maharashtra & Ors. .. Respondents. Mr. Sheeraj Rustamjee witsh Kedar Dighe for Petitioners. Mr. D.A. Nalawade, G.P. for Respondent nos. 1 & 6. Mr. K.K. Singhavi, Sr. adv., with Ms. A.K. Savla for Respondent/BMC. Mr. Gopal Subramaniam, Sr. Adv. with Ms. M.H. Doshi R. Basant, Ms. Sunita Rao, Arpan Sarkar & Kaushal Mor i/by Paras Kuhad & Asso., for Respondent No. 8. Ms. M.H. Doshi for Respondent NO. 7. Mr. M.G. Salian i/by Federal & Rashmikant for Respondent No. 19. Mr. E.P. Bharucha, Sr. Adv. i/by Federal Rashmikant for Respondent No. 22. Mr. Ajay Fernandes i/by Kanga & Co. for Respondent Nos. 24 & 27. 2 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.K. TATED, JJ. K.K. TATED, JJ. K.K. TATED, JJ. DATE: 8TH AUGUST, 2008. DATE: 8TH AUGUST, 2008. DATE: 8TH AUGUST, 2008. P.C. . Heard. 2. By this chamber summons, the petitioners seek to amend the petition as per the schedule annexed to the chamber summons in order to include certain sites and precincts which have been notified as heritage. 3. Though the chamber summons is formally objected by the learned counsel appearing for the respondents, we are of the view that in order to avoid multiplicity of proceedings the amendment will have to be allowed. The respondents who are affected by the amendment will get sufficient opportunity to contest the matter. Therefore, no prejudice would be caused to them. Therefore, we are allowing the chamber summons. The chamber summons is made absolute in terms of prayer clause (a). Necessary amendment to be carried out within two weeks. Amended copy of the petition be served on all the respondents. On such amended copy of the petition being served on the respondents, the respondents to file their affidavit in reply within 3 four weeks thereafter by giving copies of their affidavit in reply to the counsel for the petitioners at least a week in advance. In case the petitioners want to file any affidavit in rejoinder, they may do so within two weeks. Petition to be listed on 10.10.2008. 4. We expect the parties to complete their pleadings in all respects so that the Court can take up the matter on case to case basis and pass appropriate orders after hearing the learned counsel for the parties. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (K.K. Tated J.) (K.K. Tated J.) (K.K. Tated J.)