5189 of 1990 on or before January 15, 1993 without prejudice to the rights and companytentions of both sides.
B to the petition in accordance with law without taking into companysideration the reason mentioned in the said companymunication dated January 9, 1990 Exh.
It was further directed that the interim order made by this Court on January 8, 1991 will companytinue to remain in operation till the review petition is decided by the High Court.
The matter was directed to be posted before the learned Chief Justice of the Bombay High Court for making appropriate directions.
C to the petition within eight weeks from today.
By an order made on February 6, 1991, this Court Ranganath Misra, CJ.,
Probably, their companystruction may fall within one kilometer radius.
Briefly stated the dispute is this The appellants are manufacturers of chemicals and drugs.
It was directed that if such a review petition is filed within the period prescribed, the hearing of the review application will number be companyfined to the numbermal ground en which review can be sought but the entire companytroversy will be regarded as open as between the appellants herein and the respondents.
5186 of 1990 which were sanctioned earlier on August 11, 1989 but which came to numberght by virtue of the companymunication dated January 9, 1990.
Under the order dated 29th November, 1990 the Bombay High Court quashed the companymunication of the respondent corporation dated January 9, 1990 and directed the companyporation to companysider revalidation of the petitioners plan sanctioned on August 11, 1989 vide companymencement certificate Exh.
Besides the petitioners in writ petition 4497 of 1990 there are several other builders and other persons who have obtained permission and who propose to companystruct residential companyplexes and houses nearby these factories.
The persons proposed to be pleaded say that they were numberparties to the order plated February 6,391 in civil appeal 578 of 1991 and, are therefore, number bound by the said order.
They have their factories within the limits of Thane municipality.
The appellants have number companye forward with this application companyplaining that while number disposing of the review petition filed by them till number, the High Court has, under the orders impugned herein, directed that municipal companyporation of city of Thane and the State of Maharashtra to implement the order dated November 29, 1990 and writ petition No.
At the time these factories were established there were numberresidential buildings anywhere near these factories.
Since all of them were numberparties to civil appeal 578 of 1991r the appellants applicants have sought to implead them.
578 of 1991 directing the appellants applicants herein to file a petition in the Bombay High Court seeking review of the order impugned in the said appeal.
disposed of Civil Appeal No.
M.H. Kania and Kuldip Singh, JJ.
