Bombay High Court
Asyra Developers Private Limited vs State Of Maharashtra And 7 Ors on 26 August, 2022
Author: Madhav J. Jamdar
Bench: S.V. Gangapurwala, Madhav J. Jamdar
903.WPLNo.296362021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 29636 OF 2021
Asyra Developers Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29705 OF 2021
Shiny Estate Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 12745 OF 2022
Nash Real Estate Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 12747 OF 2022
Ohelo Realities Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 12751 OF 2022
Akira Realties Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 12765 OF 2022
Delphi Realties Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
Gaikwad RD 1/5
903.WPLNo.296362021.doc
WITH
WRIT PETITION (L) NO. 12793 OF 2022
Vallari Realties Estate Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 21680 OF 2022
Ethan Realties Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 21687 OF 2022
Praneel Realties Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29641 OF 2021
Nadira Realties Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29647 OF 2021
Flex Real Estate Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29648 OF 2021
Vidhyavihar Estate Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29651 OF 2021
Gaikwad RD 2/5
903.WPLNo.296362021.doc
Taralyn Real Estate Private Ltd. ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29678 OF 2021
Georgia Real Estate Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29688 OF 2021
Shubhra Real Estate Pvt. Ltd. ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29694 OF 2021
Nayantara Real Estate Pvt. Ltd. ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 29700 OF 2021
Nolana Realties Private Limited ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION NO. 54 OF 2022
Calibre Real Estate Pvt Ltd ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (L) NO. 21681 OF 2022
Branson Real Estate Private Ltd. ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
Gaikwad RD 3/5
903.WPLNo.296362021.doc
Mr. Nikhil Vijay Adkine for Petitioners
Ms. Manisha Jagtap a/w. Mr. Mayuresh Ingale, Ms. Padmaja
Malgaonkar for Respondent MHADA.
Mr. Hemant Haryan, AGP in WPL/29636/2021, WPL/
21687/2022.
Mr. S.B.Gore, AGP in WPL/12745/2022.
Mr. M.A.Sayed, AGP in WPL/12474/2022.
Mr. Manish Upadhye, AGP in WPL/12751/2022.
Smt. Uma Palsuledesai, AGP in WPL/12765/2022,
WPL/21680/2022.
Smt. P.H.Kantharia, GP in WPL/12793/2022, WPL/29688/
2021.
Mr. Milind More, Addl.G.P. in WPL/21681/2022, WPL/
29694/2021.
Mr. Himanshu Takke, AGP in WPL/29641/2021.
Smt. Jyoti Chavan, AGP in WPL/54/2022.
Mr. Amit Shastri, AGP in WPL/29647/2021.
Mr. Abhay L.Patki, Addl. G.P. in WPL/29648/2021.
Mr. L.T.Satelkar, AGP in WPL/29651/2021.
Mr. Sukanta Kamakar, AGP in WPL/29678/2021.
Mr. Dushyant Kumar, AGP in WPL/29700/2021.
Mr. Kedar Dighe, AGP in WPL/29705/2021
CORAM: S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED : AUGUST 26, 2022
Gaikwad RD 4/5
903.WPLNo.296362021.doc
P.C.
1. We have heard learned Counsel for the petitioner and learned Advocate for the respondent/Maharashtra Housing and Area Development Authority (MHADA).
2. It is submitted that the Division Bench of this Court under order dated 3rd January 2022 in Writ Petition (L) No. 19891 of 2021 to which one of us (Madhav J. Jamdar, J.) was a party had issued directions and thereby Clause 25 of the NOC dated 28th February 2011 and Clause 28 of revised NOC dated 4th June 2015 are held not to sustain and those two clauses are quashed and set aside. The same relief is sought in the present petitions. The petitioners are aggrieved with the same Clause 25 of the NOC dated 28 th February 2011 and Clause 28 of revised NOC dated 4th June 2015 and the same has already been quashed and set aside in Writ Petition (L) No. 19891 of 2021 Under order dated 3 rd January 2022. The purpose of fling of writ petitions would not survive.
3. It is further submitted by the learned Advocate for respondent/MHADA that subsequent to the order passed by this Court on 3rd January 2022 in Writ Petition (L) No. 19891 of 2021, the MHADA would take further steps of de- clubbing of 22 private limited companies/tenancy. Naturally, the MHADA is required to take further steps pursuant to the order dated 3rd January 2022 of this Court expeditiously.
4. With the aforesaid observations, the writ petitions are disposed of. No costs.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)
Digitally signed
by RAJU
Gaikwad RD 5/5
DATTATRAYA
RAJU GAIKWAD
DATTATRAYA
Date:
GAIKWAD 2022.08.30
11:18:44
+0530