Why special bench should hear plea? Bombay Dyeing to HC

MUMBAI: Bombay Dyeing today told the Bombay High Court that its plea challenging a state order that no official approval was granted to its modified proposal on its mill land, was placed before a special bench without its knowledge.

The Maharashtra government had issued a notification in this regard in January last year.

In reply, the government had said in an affidavit that the company had obtained approval for its modified proposal to utilise 33,545 sq m of its 41,895 sq m mill land in Dadar- Naigaon in central Mumbai for commercial development "in cahoots" with a section officer working in the textile department.

The case was earlier placed for hearing before a bench headed by Justice A M Khanwilkar which had adjourned it till February 26.

Bombay Dyeing's counsel Navroz Seervai, however, alleged that a precipe (application) had been moved by the state government "behind its back" to place the matter before the special bench. "Why should it be before a special bench? This is embarrassing," Seervai said.

He said that the case was being heard by a bench led by Justice S A Bobde and then by Justice A M Khanwilkar.

Assistant Government Pleader G W Mattos said nothing was done "behind their back" and the precipe had been served on the instructing advocate for the company.

In a statement to the media, Jeh Wadia, MD, Bombay Dyeing said, "The government affidavit does not pertain to either approval for land or construction, but pertains to the company's textile modernisation scheme at its Worli unit."

"This has no impact whatsoever on the development and construction plan in Dadar, the location of International City Centres I and II".

"However, the company will be filing a suitable counter affidavit addressing the allegations made therein," Wadia said.