- (1.) BY this petition, the petitioner has prayed for the following reliefs. "a) For a writ of mandamus of a writ in the nature of mandamus or any other appropriate writ, order and direction directing the respondent nos. 1, 2, 3 and 4 to forthwith cancel and revoke the SRA scheme and closing of service road forthwith more particularly shown at Exhibit-A of the petition. b) For a writ of mandamus or any other appropriate writ, order of direction and or calling upon the Respondent nos. 1 to 4 to revoke the rehabilitation scheme to construct any structure on the service road as per Exhibit A anneded hereto. c) For a writ of mandamus or any other appropriate writ order of direction and/or calling upon the Respondent no. 3 to forthwith revoke and cancel the permission granted to Respondent nos. 5 and 6 to redevelop the said slum redevelopment scheme in respect of their project. d) Pending the hearing and final disposal or the petition, the Respondent no. 5 and a their officer, servants, agents and/or any person claiming through or under them be restrained by an order and injunction of this Honble court from obstructing and stopping the ingress and egress from the service road in any manner of whatsoever nature. e) Pending the hearing and final disposal of the petition, the Respondent Nos. 1 to 4 and 7 themselves, their servants, agents, representatives and/or persons claiming by, through or under them be restrained by an order and injunction of this Honble court from issuing further permission to Respondent Nos. 5 and 6 in respect of the said projection and/or allowing Respondents Nos. 5 and 6 to continue the construction work in any manner whatsoever nature. f) Pending the hearing and final disposal of the petition, the Respondent Nos. 5 and 6 by themselves, their servants, agents representatives and/or any person claiming by through or under them be restrained by an order or injunction of this Honble court from carrying out or continuing any construction of the said area of service road and further obstructing the ingress and egress in any manner of whatsoever nature. g) Interim and ad-interim reliefs in terms of prayer (d) and (g) and (f) above be granted. h) Cost of the petition be provided for. "
(2.) THE petitioner Nirmal Nagar Bhadekaru Sangh is an association of tenants who are presently occupying building nos. 9 and 10 in a scheme developed by MHADA on survey No. 418/426. The whole scheme is called as Nirmal Nagar and it consists of 16 buildings which are presently occupied by about 50,000 people. The members of the petitioner are occupying building Nos, 8 and 10. According to the petitioner, there is a road which is 36 feet wide and it is being encroached by respondents 5 and 6 with the permission of Respondents 1 to 4 and 7. The allegation is that they would lose the right of entry and exist. There will be no ingress and egress and would be seriously prejudiced in the peaceful occupation of their premises and therefore this petition.
(3.) IT is pertinent to note however that there is nothing on record to show that this Bhadekaru Sangh is a registered society under the Societies Act or union under the Trade Union or an association duly registered. None of the occupant factually has joined in the petition. The status of the Nirmal Nagar Sangh which has sued before us through its chairman one Shri Bhalchandra Chachad is not known. The respondent have in their replies challenged the maintainability of this petition on this ground aide.;