Prakalp Co-Op. Hsg. Society Ltd vs The President - Mhada And 6 Ors on 15 September, 2021

[Cites 1, Cited by 0]

Bombay High Court

Prakalp Co-Op. Hsg. Society Ltd vs The President - Mhada And 6 Ors on 15 September, 2021

Author: Prithviraj K. Chavan

Bench: K.K.Tated, Prithviraj K. Chavan

                                                                    8 wp534-21.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
         TRUSHA
TRUSHA   TUSHAR
TUSHAR   MOHITE
MOHITE   Date:
         2021.09.16
                                        WRIT PETITION NO.534 OF 2021
         14:45:41
         +0530




                      Prakalp Co-op.Hsg.Society Ltd.             ..... Petitioner

                      vs.

                      The President - MHADA and Ors.             ..... Respondents


                      Ms.Priya Rombade i/b Mr.Deven Dwarkadas for the
                      Petitioner

                      Mr.R.Y.Sirsikar for MCGM

                      Mr.P.G.Lad for MHADA



                                          CORAM:     K.K.TATED &
                                                     PRITHVIRAJ K. CHAVAN, JJ.

                                          DATED :    SEPTEMBER 15, 2021
                      P.C.

                      .        Heard.

2. By this petition, under Article 226 of the Constitution of India, Petitioner is seeking direction against MHADA to cancel NOC issued under the provision of Revised DCR 35(5) for proposed redevelopment of the Group (A) Building no.1 to 4, Group (B) Bldg. No.8, 9, 11 to 14, 17, 18 and Group (C) Bldg. No.20, 21, 23, 24 Part of Gorai Road, MHB Colony Co-op. Hsg.Soc.Association Ltd bearing C.T.S.No.240 at Gorai, Borivali, Mumbai in favour of respondent no.7 Developer.

Mohite 1/3

8 wp534-21.odt

3. The learned counsel for the Petitioner submits that Respondent no.7 failed and neglected to take appropriate action for re-development of the said project for last several years. She further made a statement across the bar that several other interested Co-operative Societies also filed the petition before this court for same relief and those petitions are pending for hearing and final disposal on its own merits.

4. The learned counsel for the Petitioner submits that Respondents are duly served by private notice. Inspite of that, no one appeared on behalf of them except MHADA and Corporation. Hence, following order is passed:

a. Registry is directed to issue notice before admission to the unserved Respondents, returnable on 18.10.2021.

b. In addition to usual mode of service, petitioner is directed to serve unserved respondents by private notice either by registered post A/D and or by hand delivery and file affidavit of service to that effect on or before the next date.

c. Respondents are directed to file their Affidavit-in- Reply on or before 08.10.2021 with copy to other side.

d. Rejoinder, if any, be filed on or before 13.10.2021 with copy to other side.

e. The learned counsel for the Petitioner is directed to Mohite 2/3 8 wp534-21.odt provide copy of petition to the learned counsel for the MHADA immediately.

f.       Stand over to 18.10.2021.




(PRITHVIRAJ K. CHAVAN, J.)           (K.K.TATED, J.)




Mohite                                                  3/3

Legal Document View

Unlock Advanced Research with PRISMAI

Bombay High Court