ANJUMAN E SHIATE ALI Vs. GULMOHAR AREA SOCIETIES WELFARE GROUP
LAWS(SC)-2020-4-21
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 17,2020

Anjuman E Shiate Ali Appellant
VERSUS
Gulmohar Area Societies Welfare Group Respondents

JUDGEMENT

R.SUBHASH REDDY, J. - (1.)Both these civil appeals arise out of a common judgment dated 19.07.2017, passed by the High Court of Judicature at Bombay, in writ petition Nos. 2476 of 2015 and 1130 of 2017, as such, they are heard together and disposed of by this common Order. The said writ petitions are filed by way of Public Interest Litigation, for protecting two plots which are the subject matter of the writ petition, originally left towards open spaces, in the layout, approved in the year 1967.
(2.)The writ petition No. 2476 of 2015, was filed by four petitioners. Petitioner No. 1, is a Trust, registered under the Bombay Public Trust Act, 1950 petitioner No.2 is an Architect, involved in the planning, design and maintenance of public open spaces in the City of Mumbai, petitioner No.3 is a filmmaker and petitioner No.4 is an NGO. So far as the second petition is concerned, petitioner Nos. 2, 3 and 4 were common as in the earlier petition. Petitioner No.1 is a Co-operative Housing Society. The subject matter of the 2015 writ petition is a plot of land, ad-measuring 2,000 sq. meters (2500 square yards), forming part of plot No.6, CTS No. 29 of Survey No.287 situated on 9th Wireless Road, JVPD Scheme, Juhu, whereas the subject matter of the 2017 writ petition, is a plot of land admeasuring 1687.18 sq. yards, forming part of old plot No.3, CTS No.196-A, North-South, 10th Road, JVPD Scheme, Juhu, Mumbai.
(3.)For the purpose of disposal of these appeals, we refer to the parties, as arrayed in writ petition No. 1130 of 2017.
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