Bombay High Court
Prestige Estate Projects Ltd vs The State Of Maharashtra on 13 September, 2023
Author: G.S. Patel
Bench: G.S. Patel
919-922-923-OSWPL-17993-2023+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 17993 OF 2023
Prestige Estate Projects Ltd ...Petitioner
Versus
The State of Maharashtra ...Respondent
WITH
WRIT PETITION NO. 238 OF 2023
Sugee Nine Developers LLP ...Petitioner
Versus
State of Maharashtra ...Respondent
WITH
WRIT PETITION NO. 240 OF 2023
Sugee Two Developers LLP ...Petitioner
Versus
State of Maharashtra ...Respondent
ARUN
RAMCHANDRA
SANKPAL
WITH
Digitally signed by
ARUN
RAMCHANDRA
SANKPAL
Date: 2023.09.14
09:43:33 +0530
WRIT PETITION NO. 1122 OF 2023
Sugee Fifteen Developers LLP ...Petitioner
Versus
State of Maharashtra Through The Principal ...Respondent
Secretary
Page 1 of 4
13th September 2023
::: Uploaded on - 14/09/2023 ::: Downloaded on - 15/09/2023 02:48:06 :::
919-922-923-OSWPL-17993-2023+.DOC
Dr Abhinav Chandrachud, with Sanjay Kadam, Sanjeel Kadam &
Nitisha Lad, i/b Kadam & Co, for the Petitioner in
WP/240/2023.
Mr Sanjay Kadam, with Sanjeel Kadam & Nitisha Lad, i/b Kadam &
Co, for the Petitioner in WP/238/2023 & WP/1122/2023.
Dr Milind Sathe, Senior Advocate with Mr Tushad Cooper,
Senior Advocate, with Yash Momaya, Parag Kabadi & Falguni
Thakkar, i/b DSK Legal, for the Petitioners.
Mr Abhay L Patki, Addl GP with Uma Palsuledesai, AGP, for
State in WPL/17993/2023.
Mr Abhay L Patki, Addl GP, for State in WP/238/2023.
Mr MA Sayed, AGP, for State in WP/240/2023.
Mr Milind More, Addl GP, for State in WP/1122/2023.
Mr Aspi Chinoy, Senior Advocate, with Joel Carlos, Vandana
Mahadik, i/b Sunil K Sonawane, for Respondent-MCGM in
WPL/17993/2023.
Mr Joel Carlos, with Kunal Waghmare, i/b Sunil K Sonawane, for
Respondent-MCGM in WP/238/2023 & WP/240/2023.
Ms Vandana Mahadik, with Kunal Waghmare, i/b Sunil K
Sonawane, for Respondent-MCGM in WP/1122/2023.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 13th September 2023 PC:-
1. All these matters have apparently a common question of law that seems to arise from a State Government Resolution dated 14th January 2021 granting a rebate of 50% on the premium payable for the purchase of additional FSI.
2. In Writ Petition (L) No. 17993 of 2023 pleadings are complete. However, in Writ Petition No. 240 of 2023, there is an Page 2 of 4 13th September 2023 ::: Uploaded on - 14/09/2023 ::: Downloaded on - 15/09/2023 02:48:06 ::: 919-922-923-OSWPL-17993-2023+.DOC Affidavit in Reply only to the unamended Petition. That Writ Petition and Writ Petition No. 238 of 2023 have been amended. There is no Affidavit in Reply to Writ Petition No. 238 of 2023. There is no amendment proposed in Writ Petition No. 1122 of 2023. However, there is still no Affidavit in Reply.
3. Hence the following directions.
4. A further Affidavit in Reply in Writ Petition No. 240 of 2023 to the amended Petition is to be filed and served on or before 5th October 2023. Affidavits in Reply to the amended Writ Petition No. 238 of 2023 and to Writ Petition No. 1122 of 2023 are also to be filed and served by 5th October 2023.
5. Affidavits in Rejoinder are to be filed and served on or before 9th October 2023.
6. All Petitions will be taken up together on 11th October 2023 at 2.30 pm.
7. Counsel are requested to make available a list of dates and, if possible, the factual differences in each matter. A concise note of written submissions is also requested. It is to be filed in advance in hard and soft copy. Soft copies of compilations of authorities properly indexed, paginated and bookmarked are also required in advance.
Page 3 of 413th September 2023 ::: Uploaded on - 14/09/2023 ::: Downloaded on - 15/09/2023 02:48:06 ::: 919-922-923-OSWPL-17993-2023+.DOC
8. In Writ Petition (L) No. 17993 of 2023 Affidavit in Rejoinder is to be filed in the Registry.
(Kamal Khata, J) (G. S. Patel, J) Page 4 of 4 13th September 2023 ::: Uploaded on - 14/09/2023 ::: Downloaded on - 15/09/2023 02:48:06 :::