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Supreme Court judge withdraws in forest land case

Friday, 14 May 2010 - 11:50pm IST | Place: Mumbai | Agency: DNA
Chief justice SH Kapadia, who headed the bench on Friday, withdrew from the case that also has an application filed by Nanabhai Jeejeebhoy Pvt Ltd.

The Supreme Court has adjourned hearing in a batch of appeals by real estate developers and builders in Mumbai till July when a new bench will be set up to conduct proceedings.

Chief justice SH Kapadia, who headed the bench on Friday, withdrew from the case that also has an application filed by Nanabhai Jeejeebhoy Pvt Ltd. CJI Kapadia said he was associated with the applicant before he was appointed high court judge, hence, he wouldn’t hear the application.

Justice Swatanter Kumar didn’t participate in the proceedings though he was part of the bench including justice KS Radhakrishnan. His judgment as the chief justice of Bombay high court in 2008 has been contested in SC.

Developers and builders were happy at the major relief by the SC in January last, allowing regularisation of massive constructions on forest land on payment of the net present value at a rate fixed by the court- appointed central empowered committee. This benefited about 1.5 lakh flat owners.

However, Adi Godrej led Godrej & Boyce Manufacturing Co said it wanted to contest the case on merit. Godrej’s lawyer Fali S Nariman sought separation of the matter from other cases as it stands on a different footing. Godrej’s stakes are high as it is believed to have 400 acres in the ‘forest’ land.




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