Status Report - Legal (Upto June 2020)

AGENDA ITEM NO:13
SUB: TO TAKE A NOTE OF STATUS REPORT OF THE PROJECT.
Activity Status
1 MMRC Company Affairs
5.1 Litigations in
High Court, Environment Cases
Bombay
Involving  Writ Petition No. (L) 365 of 2017, High Court Bombay, Nina Deepak
Mumbai Metro Verma v/s Tree Officers MCGM clubbed with WP 814 of 2017
Line-3 Project
Parveen Jehangir and others– Two judges committee monitoring the
tree plantation by MMRC as per the order of the High Court.
 WP (L) No. 2107 of 2017, High Court Bombay, Robin Jaisinghani
versus Sr. Inspector of Police, Cuffe Parade police station and others –
On 24th August 2018 Notice of Motion disposed on 24.08.2018 and
Writ Petition admitted and pending for final disposal.
 W.P. No. 1487 of 2018, High Court Bombay, Vanashakti & Ors.
versus Union of India &Ors. – Petitioner filed writ petition for order of
the court to declare entire Aarey 1280 ha as 'reserved forest, 'protected
area' and restrain respondents from granting permission for non-forest
activity in Aarey and to stop all ongoing construction activities in
Aarey. On 04.10.2019 court disposed the matters as issues raised in the
petition was raised before the High Court Division Bench which
pronounced decision on 26.10.2018 and same is pending before
Supreme Court. The 04.10.2019 order was challenged before Supreme
Court by petitioners in SLP no. 24958 /2019 and is listed for hearing
on 31.07.2020.
 W.P. (L) 2565 of 2019 filed by Zoru Bhathena challenged the

impugned resolution dated 29.08.2019 on decision of Tree Authority
for tree cutting permissions to MMRC car depot at Aarey.On
04.10.2019 matter disposed on merits holding the decision Tree
Authority as fair, transparent and based on reasons. Order was
challenged by petitioners before Supreme Court by filing SLP No.
024849 of 2019 kept for hearing on 07.07.2020.
Activity Status
 Suo Moto Writ Petition No. 2 of 2019, Rishav Ranjan, student of Delhi
wrote a letter dated 06.10.2019 to Chief Justice of India seeking stay
on tree cutting at Aarey Depot land. On 07.10.2019, Supreme Court
directed “status quo be maintained till the next date of hearing with
respect to cutting of trees”. All matters related to Aarey were tagged
together and listed together for hearing. Court directed all respondent
to file reply. Pending for hearing on 31.07.2020.
PIL No. 93 of 2019 filed by Earth Brigade Foundation, an NGO before
Bombay High Court praying to declare the entire Aarey area as
conservation reserve and set aside the notification dated 05.12.2016.
Matter is listed for hearing on 14.07.2020
Land and R&R cases.
 Suit No. 785 of 2017 City Civil Court, Usha Borgaonkar versus B.M.C
and others, Structure demolished, and Shop built at other area. Suit has
become infructuous however pending for disposal. Contempt Petition
no.1390 of 2018 clubbed with Contempt Petition 45 of 2018 filed by
Usha Borgaonkar in High Court Bombay. NOM for interim relief is
pending the hearing and final disposal 05.05.2020. Another WP 12149
of 2019 filed by Usha Borgaonker pending for hearing on 22.09.2020.
 S.No.4475/17, (13 group matters) City Civil Court Dindoshi, Davidash
Chandrakant Rathod and 13 others, Structures have been demolished at
Sariputnagar. Petitioner’s NOM dismissed by court in favour of
MMRC. MMRC filed application for dismissal of suits, is pending for
final disposal..
 Execution application 600 of 2016, City Civil Court, Narayan Shivaji
Mahavarkar & Ors. versus MHADA, MMRDA and others, Petitioner
has got decree for easement rights against MHADA. MMRC provided
alternate passage to the plaintiff on the same plot which is not
acceptable to the plaintiff. No orders passed by the court. Matter is
pending before the court.
 WP (L) 1668 of 2018, High Court Bombay, Laxmi Ramji Gaikwad and
other versus MCGM and others. Occupants in Parajapur pada Aarey,
claiming to be tribes and challenging the eviction of tribal for Metro
line 3 project. Claiming compensation for land and various benefits for
Activity Status
‘Tribals’ in the area. Challenged MMRC demolition notice. No interim
order passed by court. Matter is pending for orders.
 Suit No.2276 of 2017 Varish Babban Khan versus MHADA, MMRCL

- City Civil Court, permanent injunction restraining MMRCL from
doing piling work or any construction work on the site of the suit
premises i.e. Naya Nagar Zopadpatti till the Plaintiff gets allotment of
permanent alternate accommodation from MMRCL. The defendant
requested for time to file reply to Notice of Motion. Matter pending for
hearing.
 Criminal W.P No. 4757 of 2018 Dinesh Chimanlal Shah Versus State
of Maharashtra & Anr. Petitioners filed complaint for loss of article
from Jain Bhavan at the time of demolition. Petitioners seek for
investigation by Sr. Inspector, action against the culprit and
compensation of Rs 25 lacs from MMRC for the loss of article. Matter
will be scheduled for hearing on 13.08.2021.
 W.P. (L) No. 4326 of 2018, Gurmale Singh Jabble&Ors., a petition

was filed by PAP before High Court to be compensated for shortage or
to be provided with additional accommodation. This matter has been
clubbed with W.P. (L) No. 2401 of 2019, Sukhdev Singh Saggu&Anr.
V. State of Maharashtra. Affidavit in reply is to be filed by MMRCL in
both the matters. Matter is kept for hearing on 23.09.2020. .
 Interim Application No 1 of 2020 in W.P. 2395 of 2018 Subhash

Ramrao sagar Vs. state of Maharashtra and others,an interim
application was filed on 14.02.2020 to recall the order dated 7th
August 2018, seeking compensation and return of unused portion of
land to Petitioner.Matter is pending for hearing on 16.07.2020.
Respondents were directed to file Affidavit in Reply.
FLGRC/ HLGRC cases.

 S.C Suit no 202389 of 2017, High Court Bombay, Yar Mohammed
Activity Status
Siddhiqui Mansuri versus MMRCL, Add. Collector & others. Next date
of hearing on 06.082020.
 W.P. (L) 1612 of 2018 High Court Bombay, Suresh Pradhan versus
HLGRC Petitioner died. The petition was clubbed with WP (L) 1433 of
2018 Ganesh Suresh Pradhan versus HLGRC, state of Maharashtra &
others. Application moved by legal heirs to bring on record, pending
with registrar. The matter is pending for hearing on 23.09.2020 .
 W.P.(St.) No. 13234 of 2018 Sanjay R. Nalawde Versus High Power
Grievance Redressal Committee and others. To quash the orders passed
by Grievance Redressal Committee. Next date of hearing 05.11.2020.
 W.P. No. 28605 of 2018 Pandurang Ramasingh Chavan Versus Mumbai
Metro Rail Corporation Limited. MMRC to file Affidavit in reply on
next date of hearing kept on 13.07.2020.
CIVIL PETITIONS
 WP/2295/2017 High Court Bombay, Robin Jaisinghani versus Chief Fire
officer, MCGM and Anr. Matter pending for final hearing. NOM filed by
Robin Jaisinghani for interim relief. No orders. Pending for hearing.
 PIL 50 of 2018 High Court Bombay, Neha Philip versus State of
Maharashtra, MCGM, MMRDA, MMRCL. PIL filed by petitioner alleging
that the barricades put up by MMRC along the DN Road are inadequate
and not providing adequate footpath to the pedestrian. No interim relief
orders passed. Next date of hearing not listed.
 Arbitration Petition No 1167 of 2019 Executive Garment Processors Pvt.
Ltd Vs. MMRDA &Ors. Challenging Arbitration award dated 21.06.2019.
Arbitration Award had rejected Executive Garments’ claim for supply of 14
water tankers per day from MMRC. ( U/s 17 of Arbitration Act 1996).
Matter has been listed for hearing on 09.07.2020.
 Arbitration Petition No. 1466 of 2019 Executive Garment Processors Pvt
also filed another petition for interim relief for supply of 14 water tankers
of 10000 ltr per day from MMRC. (u/s 9 of of Arbitration Act 1996).
Matter not listed for hearing.
 SLP 32199 of 2018, Supreme Court of India, Jamshed Noshir Sukhadwalla
& others. Versus UOI and others filed special leave for appeal against order
dated 29th august 2018 passed by High Court Bombay allowing Metro
Activity Status
tunnel to construct under the two Zoroastrian temples. On 10 th December
2018 Supreme Court allowed MMRC to continue the construction of tunnel
under the temples. However, Court kept the case open for monitoring the
construction and safety measures at Kalbadevi Metro station. Reports have
been filed on status of the work and reply to SC queries from time to time.
 Contempt Petition 500 of 2018 in First Appeal No. 1440 of 2004, Shri
Gangaram Gardas V. MCGM &Ors. – Not listed for hearing.
 R.A.E.Suit No.104 of 2020- Laxmikant TannaVs MMRCL before Small
Causes Court,Mumbai, a suit in Small Causes Court, Mumbai filed against
Sandhya Tanna and Ors. for eviction and further injunction against MMRC
and INC to enter the suit premises. Not listed for hearing.
January 2020 to June 2020

Disposed – Nil
Pending – (23 cases +17 group matters) 40 cases.

Status Report - Legal (Upto June 2020)

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AGENDA ITEM NO:13

SUB: TO TAKE A NOTE OF STATUS REPORT OF THE PROJECT.

1 MMRC Company Affairs

 W.P. (L) 2565 of 2019 filed by Zoru Bhathena challenged the

 Suit No.2276 of 2017 Varish Babban Khan versus MHADA, MMRCL

 W.P. (L) No. 4326 of 2018, Gurmale Singh Jabble&Ors., a petition

 Interim Application No 1 of 2020 in W.P. 2395 of 2018 Subhash

FLGRC/ HLGRC cases.

January 2020 to June 2020

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