UNION OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By an Administrative Order dated 25.8.2015 passed by the Honourable Chief Justice, this Special Bench was reconstituted for hearing of the above petition and other connected matters from the Division Benches available at Original/Appellate Side of this Court. In pursuance thereof, we have heard Mr. Daraius Khambata, learned senior counsel for the petitioner, Mr.Shailesh Shah, learned senior counsel for respondent no.1, Ms. Kiran Bhagalia, learned counsel for respondent no.3 and Mr. Navroz Seervai, learned senior counsel for respondent no.4 at length. Rule. Learned counsel for the respective respondents waive service. At the request and by consent of the parties, Rule is made returnable forthwith and the petition is taken up for final hearing.

(2.) This Petition under Article 226 of the Constitution of India is instituted by the Union of India through the Indian Army, Head Quarters, Maharashtra Gujarat and Goa Area through the General Officer Commanding (for short, 'GOC'), Maharashtra, Gujarat & Goa Area (MG&G Area) against respondent no.1-State of Maharashtra through the Secretary, Urban Development Department, (UDD), respondent no.2-The Municipal Corporation of Greater Mumbai (for short, 'Corporation') through the Municipal Commissioner, respondent no.3- The Mumbai Metropolitan Regional Development Authority (for short, 'MMRDA') through its Metropolitan Commissioner and respondent no.4-Adarsh Co-operative Housing Society Ltd (for short, 'Adarsh Society').

(3.) By this petition, the petitioner has prayed for writ of mandamus restraining respondents no. 1 to 3 from granting any building/development permissions in the vicinity of and/or within the Colaba Military Station (CMS) without an No Objection Certificate (NOC) from Army Authorities and from granting any development permissions, Completion Certificate or Occupation Certificate to the 4th respondent or in respect of Adarsh Building on the land on which it stands; directing respondents no. 1 to 3 to forthwith demolish the building of the Society and pending demolition, not to permit any occupation thereof. Pending the hearing and final disposal of the petition, the petitioner has prayed for interim relief directing respondents no. 1 to 3 (i) to forthwith cease and desist from granting any development permissions or an Occupation or Completion Certificate in respect of the said building, situate near Plot No.87-C, now allotted CTS No.652 in Backbay Reclamation Block-VI on Captain Prakash Pethe Marg also known as 'Cuffe Parade Road', Colaba, Mumbai (for short, 'subject plot') or on the land on which it stands, to the 4th respondent society; (ii) to forthwith cease and desist from granting in respect of the said building to the 4th respondent any sanction, certificate permission or any benefit or status of the authorised building. The relevant and material facts giving rise to filing of the present writ petition, briefly stated, are as under.