Bombay High Court
Prithvi Apartments Co-Operative ... vs The Competent Authority, District ... on 8 February, 2019
Bench: A.A. Sayed, Riyaz I. Chagla
53-WP-9088-16+Group.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9088 OF 2016
Prithvi Apartments Co-operative Housing ...Petitioner
Society Limited
Versus
The Competent Authority, ...Respondents
District Deputy Registrar,
Co-operative Societies & Ors.
WITH
WRIT PETITION NO. 8990 OF 2014
M/s. P.V. Constructions ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
----------
Mr. Deepak Shukla, i/by Vinod Mistra & Co., for the Petitioner
in WP/8990/14.
Mr. A.A. Alaspurkar, AGP, for the Respondent-State.
Mr. Santosh Parad, for the Respondent-MCGM.
Mr. Joaquin Reis, i/by Omkar Kulkarni, for the Respondents No.
4 to 6 in WP/9088/16.
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ALONG WITH
WRIT PETITION NO. 5211 OF 2015
M/s. Motiram Tolaram ...Petitioner
Versus
District Deputy Registrar of ...Respondents
Co-operative Housing Society -I & Ors.
----------
Mr. Shardul Singh a/w Mr. Rushabh Parekh, i/by DSK Legal, for
the Petitioner.
Mr. A.A. Alaspurkar, AGP, for the Respondent-State.
Mr. T.D. Deshmukh, for the Respondents No. 2 and 3.
----------
ALONG WITH
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1545 OF 2015
M/s. Omkar Realtors & Developers Pvt. ...Petitioners
Ltd. & Anr.
Versus
District Deputy Registrar, ...Respondents
Co-operative Societies & Ors.
----------
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Ms. Asha Nair, a/w Ms. Ketaki Mishra and Mr. Sidharth Nair,
i/by Diamondwala & Co., for the Petitioners.
Mr. N.N. Bhadrashete, for the Respondent No. 3.
----------
ALONG WITH
WRIT PETITION NO. 2208 of 2015
M/s. Domain Properties Pvt.Ltd. & Anr. ...Petitioners
Versus
State of Maharashtra & Ors. ...Respondents
----------
Mr. M.A. Vaid, i/by Vaid Associates, for the Petitioners.
Mr. Sukanta Karmakar, AGP for the Respondent-State.
Mr. S. Gole, a/w Mr. Jigar Shah, i/by M/s. Markand Gandhi &
Co., for the Respondent No. 4.
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ALONG WITH
WRIT PETITION NO. 2948 of 2015
WITH
CHAMBER SUMMONS NO. 143 OF 2017
Shri Bhalchandra Gaurishankar Pandya ...Petitioners
& Ors.
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Versus
State of Maharashtra & Ors. ...Respondents
----------
Mr. A.S. Daver, i/by V.P. Shastri, for the Petitioners.
Mr. Sukanta Karmakar, AGP, for the Respondent-State.
Mr. Kapil Gor, a/w Taksat Gor, for the Respondent No. 3.
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ALONG WITH
WRIT PETITION NO. 626 OF 2016
WITH
WRIT PETITION NO. 625 OF 2016
M/s. Killedar Construction Co. & Ors. ...Petitioners
Versus
State of Maharashtra & Ors. ...Respondents
----------
Mr. Mehul Shah i/by Bharat Joshi, for the Respondent No. 3.
----------
ALONG WITH
WRIT PETITION NO. 1465 OF 2016
K.H. Kabur Educational Trust & Ors. ...Petitioners
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Versus
The District Deputy Registrar of ...Respondents
Co-operative Societies & Ors.
----------
Ms. Sayalee Rajpurkar, i/by Kadam & Co., for the Petitioners.
----------
ALONG WITH
WRIT PETITION NO. 1849 OF 2016
WITH
WRIT PETITION NO. 1850 OF 2016
WITH
WRIT PETITION NO. 2507 OF 2017
M/s. Nisar Realtors ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
----------
Ms. Ruchi Khojanchi, i/by Vimla & Co., for the Petitioner.
Ms. Sangeeta Kadam i/by Bagkar & Co., for the Respondents No.
4 and 4A.
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ALONG WITH
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WRIT PETITION NO. 361 OF 2015
WITH
NOTICE OF MOTION NO. 121 OF 2015
Shri Harish Vrajlal Mehta ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
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Mr. Milind V. More, Addl.G.P., for the Respondent-State.
Mr. Rishab Shah, a/w Ms. Kavisha Shah, i/by India Law
Alliance, for the Respondent No. 3.
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CORAM : A.A. SAYED &
RIYAZ I. CHAGLA, JJ.
DATE : 8 February 2019
ORDER :
1. Perused the order dated 3rd April 2017 in Writ Petition No. 8990 of 2014 [Coram:A.S. Oka & A.K. Menon, JJ], which reads thus:-
6/9February 8, 2019 ::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/03/2019 15:04:54 ::: 53-WP-9088-16+Group.doc ". The challenge in this petition under Article 226 of the Constitution of India is to the order made by the Competent Authority on an application made under sub-clause (3) of Section 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. In view of the provisions of sub-rule (3) of Rule 18 read with the explanation to Rule 18 of Chapter XVII of the Bombay High Court (Appellate Side) Rules, the issue regarding the nature of proceedings of an application under sub-section (3) of Section (11) will have to be decided.
2. The question is whether the proceedings are quasi judicial/judicial or administrative in nature. If the proceedings are quasi judicial or judicial, this petition will have to be placed before the learned Single Judge. Therefore, the issue regarding the nature of powers which the Competent Authority exercises will have to be gone into. To enable the parties to address the Court on the said issue, we fix this matter on 13th April, 2017 under the caption of "fresh admission". The parties are free to file the compilation of the relevant judgments.
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3. Ad-interim relief granted earlier to continue till then."
2. In all these Petitions, it will have to be decided whether the matters will have to be placed before the Division Bench or before the Single Judge.
3. List all these Petitions on 1st March 2019 at 3.00 p.m.
4. Registry is directed to list all matters of the year 2015 and 2016 wherein the order passed by the Competent Authority on an Application under Section 11(3) of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has been impugned, on the aforesaid date i.e. 1 March 2019 at 3.00 p.m.
5. Parties would be at liberty to file the compilation of 8/9 February 8, 2019 ::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/03/2019 15:04:54 ::: 53-WP-9088-16+Group.doc the judgments before the next date.
6. Registry to ensure that prior notice is published on the Boards of the Bar Associations of listing of the matters on 1st March 2019 so as to enable the Advocates to address the Court, if they so desire, on the issue whether the matters are required to be placed before the Single Judge or Division Bench. Such notice shall also be displayed on the website of this Court.
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