(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)
1. Pursuant to our order dated March 29, 2012, a further affidavit has been filed by the respondent No.12 pointing out that pursuant to the liberty given in the above order, in the application filed under Section 65(B) of the Bombay Land Revenue Code, 1879 (hereinafter referred to as 'the Code'), the concerned Collector has favourably decided in favour of the respondent No.12.
2. In our earlier order, we specifically stated that the respondent No.12-Unit would not start its operation so long a favourable order is not obtained from the concerned Collector on pending application under Section 65(B) of the WPPIL/65/2011 2/2 ORDER Code.
3. Now that the respondent No.12 has obtained such favourable order, we do not find any reason to pass any order of restraint against the respondent No.12. It is needless to mention that the order under Section 65(B) of the Code is an appealable one and, therefore, the aggrieved party is free to challenge the said order before appropriate forum in accordance with law and they are also entitled to pray for interim relief, if they are entitled under the law.
4. We, therefore, modify our earlier order by vacating our earlier interim relief order. It is needless to mention that the appellate authority under the Bombay Land Revenue Code will be free to pass appropriate order as it thinks fit, in the event any appeal is preferred by the aggrieved party against the order of the Collector. We have not entered into that question in this application.
5. We further make it clear that we have not gone into the question as to whether appeal at the instance of an aggrieved party will be maintainable before the appellate authority and it is for the appellate authority to decide that question in accordance with law.
6. We also make it clear that pendency of this application will not stand in the way of the Collector in issuing formal certificate under Section 65(B) of the Code, if the appellate authority does not pass any interim order.
(Bhaskar Bhattacharya, Acting C.J.) (J.B. Pardiwala, J.) Aakar