Bombay High Court
Rusi Postwalla And 6 Others vs Maharashtra Housing And Area ... on 11 November, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.947 OF 2020
Rusi Postwalla & Ors. .. Petitioners
v/s.
Maharashtra Housing And Area
Development Authority & Ors. .. Respondents
WITH
INTERIM APPLICATION (L) NO.26742 OF 2021
WITH
INTERIM APPLICATION (L) NO.26819 OF 2021
WITH
IN PERSON APPLICATION (L) NO.16116 OF 2022
WITH
IN PERSON APPLICATION (L)NO.16117 OF 2022
WITH
IN PERSON APPLICATION (L) NO.16132 OF 2022
WITH
IN PERSON APPLICATION (L) NO.16158 OF 2022
WITH
IN PERSON APPLICATION (L) NO.16159 OF 2022
WITH
IN PERSON APPLICATION (L) NO.16160 OF 2022
WITH
IN PERSON APPLICATION (L) NO.27067 OF 2022
WITH
IN PERSON APPLICATION (L) NO.16114 OF 2022
WITH
INTERIM APPLICATION (L) NO.8700 OF 2022
Digitally
signed by
SANDHYA
SANDHYA BHAGU
BHAGU WADHWA
WADHWA Date:
1/5
2022.11.14
10:50:25
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IN
WRIT PETITION NO.947 OF 2020
Ms. Diksha Shetty a/w Mr. Indrajeet Deshmukh i/b. M/s. AAK Legal for
the petitioners.
Mr. P.G. Lad a/w Ms. Sayli Apte, Ms. Shreya Shah for MHADA-
respondent nos.1 to 5.
Ms. Pooja Yadav i/b. Mr. Sunil Sonawane for MCGM-respondent no.6.
Mr.Cyrus Ardeshir and Mr. Rashmin Jain & Ravi Gandhi i/b. M/s. Kanga
& Co. for respondent nos.7 to 10.
Mr. Siddharth Rajmohan i/b. Mehrwan K. Farshed for respondent no.12
and for the applicant in IAL/27067/2022.
Ms. Chandika Sarkar a/w Ms. Aanchal Chaurasia i/b. Brus Chambers for
respondent no.30.
Mr. Karl Tamboly a/w Mr. Yazdi P. Jijina i/b. M/s. Mulla & Mulla &
C.B.C. for respondent nos.11, 16-24, 26-28, 32-49, 59-66, 73-100,
102-107, 112-119, 126-140, 144-149, 151-154, 157-160, 163-172
and 181-194.
Mr. Vaibhav Salvi i/b. Mr. Vishal Dushing for respondent nos.155-156.
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 11TH NOVEMBER, 2022.
P.C. :
1. This matter is placed on board for seeking directions in terms of 2/5
903.wp-947-20.doc wadhwa clause 17(ii) of the Consent Minutes of the Order dated 21 st March, 2022 which is taken on record by this Court while disposing off the Writ Petition no.947 of 2020.
2. Mr. Ardeshir, the learned counsel appearing on behalf of some of the respondents state that the owner has already submitted a proposal to MHADA on 4 th March, 2022 seeking NOC which according to the owner is to be produced before the Municipal Corporation for sanctioning plans for redevelopment of the building, which is stated to be in a dilapidated condition. According to the learned counsel, the said proposal is pending since 4th March, 2022.
3. Mr. Lad, the learned counsel for MHADA vehemently urged that the said direction issued in clause 17(ii) of the Consent Minutes of the order to issue regular NOC within the time prescribed therein is not binding since the MHADA is not a party to the said consent terms.
4. The learned counsel for MHADA does not dispute that when the consent terms submitted by the parties before this Court on 21 st March, 2022, MHADA was duly represented by their counsel. Be 3/5
903.wp-947-20.doc wadhwa that as it may, this Court has also issued directions to MHADA so as to implement the orders passed by this Court.
5. The only submission of the learned counsel for MHADA is that since the building was a cessed building, no objection of MHADA would be required. We, accordingly, direct the MHADA to inform this Court on the next date whether any further requisitions are required to be complied with by the owners to obtain NOC pursuant to the said application dated 4th March, 2022 and the direction issued in clause 17(ii) of the Consent Minutes of the Order.
6. This Court will issue further directions to MHADA after hearing the parties on the requisitions, if any, for issuance of NOC in favour of the building.
7. Place the matter on supplementary board under the caption "for directions" on 22nd November, 2022.
8. We direct the concerned officers of the MHADA to give appropriate instructions to the learned counsel immediately to enable the learned counsel to make a statement on their behalf before the next date.
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9. Learned counsel is directed to communicate this order to the concerned officers for information and compliance.
(KAMAL KHATA, J.) (R.D.DHANUKA, J.)
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