LAWS(GJH)-2012-8-14

CHARLA MANDAL OF MUMBAI Vs. KHETSHI HIRJI SHAH

Decided On August 03, 2012
CHARLA MANDAL OF MUMBAI Appellant
V/S
KHETSHI HIRJI SHAH Respondents

JUDGEMENT

(1.) BOTH the above captioned applications for review arise from judgment and order passed by this Court dated 27th June, 2012 in Writ Petition (PIL) No. 19 of 2011 and other allied matters and as common questions of fact are involved in both the applications, they were heard together and are being disposed of by this common judgment and order.

(2.) MISC. Civil Application No. 1798/12 has been preferred by the original respondents Nos. 25, 26, 29, 44 and 46 of the Writ Petition (PIL) No. 19 of 2001, for review of our judgment and order dated 27th June, 2012 passed in Writ Petition (PIL) No. 19 of 2011 and other allied matters.

(3.) MR. Premal Nanavati, learned counsel appearing for the applicants of Misc. C.A No. 1798 of 2012 (original respondents Nos. 25, 26, 29, 44 and 46) has alleged two points as mistakes apparent on the face of the record justifying a review. The first is, that the Court, while issuing directions as referred to above, has left no remedy for the applicants to persuade the State Government to regularise the construction. According to Mr. Nanavati, this Court ought to have left the option open for the State Government to consider as to whether it was legally permissible and feasible to regularise the construction, more particularly when it was not the stand of the State Government at any point of time that they would not like to regularise the construction. According to Mr. Nanavati, this is an error apparent on the face of the judgment delivered by us disposing of the main petition.