Bombay High Court
The Seakist Co-Operative Housing ... vs State Of Maharashtra And Anr on 18 December, 2019
Author: Bharati Dangre
Bench: Pradeep Nandrajog, Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.328 OF 2015
Vrindavan Co-operative Housing
Society Limited. .. Petitioners
Vs
The State of Maharashtra & Anr. .. Respondents
WITH
PUBLIC INTEREST LITIGATION NO.108 OF 2013
Shailesh Ramkumar Gandhi .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
WITH
WRIT PETITION NO.923 OF 2014
Anil Kapoor & Ors. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.345 OF 2015
Asuda Kutir Co-operative Housing
Society Limited. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
WITH
WRIT PETITION NO.347 OF 2015
(Deleted since deceased) & Anr. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
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WITH
WRIT PETITION NO.348 OF 2015
The Seakist Co-operative Housing
Society Limited. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.483 OF 2015
Mon Repos Co-op. Hsg. Soc. Ltd. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.491 OF 2015
Adil Gandhi .. Petitioner
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.492 OF 2015
The Bandra Parsi Convalescent Home
for Women and Children. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.493 OF 2015
The Shirinbai Cama Convalescent Home
for Poor Parsi Men and Boys. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
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WITH
WRIT PETITION NO.511 OF 2015
Seaking Co-operative Housing
Society Limited. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
WITH
CHAMBER SUMMONS NO.259 OF 2019
IN
WRIT PETITION NO.345 OF 2015
Asuda Kutir Co-operative Housing
Society Limited. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
...
Mr. R.A. Dada, Sr. Advocate with Mr. Naushad Engineer, Mr.
Narayan Sahu, Mr. F.S. Federal, Mr. Murtuza Federal and Ms.
Anuja Abhayankar i/b Federal & Co. for the Petitioner in WP
No.923 of 2014.
Mr. Navroz Seervai, Sr. Advocate with Mr. Gulnar Mistry, Mr.
H.S. Merchant, Mr. Rihal Kazi, Mr. Aniket Katre, Ms. Kalyani
Singh and Ms. Purva Buch i/b M & M Legal Ventures for the
Petitioners in WP No.483 of 2015, WP No.491 of 2015, WP
No.492 of 2015 and WP No.493 of 2015.
Mr. Vaibhav Joglekar with Mr. Rohan Sathaye, Mr. S.H.
Merchant, Mr. Rihal Kazi, Mr. Aniket Katre, Ms. Kalyani Singh
and Ms. Purva Buch i/b M & M Legal Ventures for the Petitioners
in WP No.328 of 2015 and WP No.345 of 2015.
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Mr. S.H. Merchant with Mr. Rihal Kazi, Mr. Aniket Katre, Ms.
Kalyani Singh and Ms. Purva Buch i/b M & M Legal Ventures for
the Petitioners in WP No.347 of 2015, WP No.348 of 2015 and
WP No.511 of 2015.
Mr. Ashutosh Kumbhakoni, Advocate General with Mr. Hiten
Venegavkar, Addl. G.P. for the State in WP No.328 of 2015 and
WP No.491 of 2015.
Mr. Ashutosh Kumbhakoni, Advocate General with Mr. Rajiv
Mane, AGP for the State in PIL No.108 of 2013.
Mr. Ashutosh Kumbhakoni, Advocate General with Ms. Geeta R.
Shastri, Addl. G.P. for the State in WP No.923 of 2014, WP
No.345 of 2015, WP No.347 of 2015 and WP No.511 of 2015.
Mr. Ashutosh Kumbhakoni, Advocate General with Mr. Milind
More, Addl. G.P. for the State in WP No.492 of 2015 and WP
No.493 of 2015.
...
CORAM: PRADEEP NANDRAJOG, C.J. &
SMT. BHARATI DANGRE, J.
DATED : 18TH DECEMBER, 2019. P.C:-
1. Learned Advocate General has commenced arguments in response. He has handed over to us a photocopy of Stamp Duty Ready Reckoner in which the market value of various lands as per the Bombay Stamp (Determination of True Market Value of the Property) Rules, 1995, has been fixed.
2. The covenant in the original lease requires fixation of lease AJN ::: Uploaded on - 18/12/2019 ::: Downloaded on - 19/12/2019 04:15:20 ::: 5/5 902 WP-328.15.odt rent while renewing the lease on the general value of unimproved similarly situated lands and not in reference to the specific value given to the land.
3. Learned Advocate General would provide the data with reference whereto the land rates were fixed and notified in the Ready Reckoner.
4. List the matter for further arguments on 15th January, 2020.
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