:1: :1: :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 WRIT PETITION NO.242 OF 1997 WRIT PETITION NO.242 OF 1997 WRIT PETITION NO.242 OF 1997 Marco Polo Properties Pvt Ltd, .. Petitioner Marco Polo Properties Pvt Ltd, .. Petitioner Marco Polo Properties Pvt Ltd, .. Petitioner Vs. Union of India & Ors. .. Respondents Union of India & Ors. .. Respondents Union of India & Ors. .. Respondents Mr Janak Dwarkadas, Sr.Advocate a/w Shyam Mehta & Mr Pankaj Sawant i/b M/s Federal Rashmikant, for the petitioner. Mr S.R.Rajguru a/w Y.S.Bhate & N.R.Prajapati for Union of India. Mr E.P.Presswalla i/b M/s Mulla & Mulla, for respondent nos 4,5, and 6. 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 : 12.03.2009. DATE : 12.03.2009. DATE : 12.03.2009. P.C. P.C. P.C. 1. Learned counsel for the petitioner states that the petitioner may be allowed to withdraw this petition since the property belonging to the petitioner falls within the area covered by a public notice dated 31st December,2008 and prays for liberty to the petitioner to make a fresh application seeking permission for development of the said property to the appropriate authority under the provisions of the Cantonments Act,2006. He further seeks leave to approach the appropriate forum if order passed by the appropriate authority is adverse to the petitioner and for the said purpose the grounds and objections :2: :2: :2: raised in this petition may be kept open. We do not find any reason to reject the submissions made by the learned counsel for the petitioner and hence we pass the following order: (i) Leave to withdraw the petition is hereby granted with liberty to the petitioner to make a fresh application seeking permission for development of the property and/or to raise objections as per the public notice dated 31st December, 2008. We grant him further opportunity to approach to the appropriate forum in case adverse orders are passed against the petitioner. All contentions are kept open. (ii) The petition is disposed of. (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.)