Bombay High Court
Bharat Nagar Paradise Co-Opeative ... vs Maharashtra Housing And Area ... on 17 January, 2026
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2026:BHC-OS:1521-DB 32 WP 2047-16.DOC
LAXMI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH ORDINARY ORIGINAL CIVIL JURISDICTION
SONTAKKE
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2026.01.20
18:05:32 +0530
WRIT PETITION NO. 2047 OF 2016
Bharat Nagar Paradise Co-operative
Housing Society Ltd. & Ors. ...Petitioners
Versus
Maharashtra Housing and Area
Development Authority & Ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 28705 OF 2021
IN
WRIT PETITION NO. 2047 OF 2016
WITH
WRIT PETITION NO. 675 OF 2018
_______
Ms. Gayatri Singh, Senior Advocate a/w Khalil Rehaman for Petitioner in
WP/2047 of 2016.
Ms. Rishika Agarwal for the Petitioner in WP/675/2018.
Mr. Santosh Gupta i/b. Manohar Shetty for the Applicant Nos. 1 to 3.
Mr. P. G. Lad a/w Sayali Apte & Anjali Maskar for Respondent-MHADA in WP?
2047/16.
Mr. Himanshu Takke, AGP for the State in WP/2047/2016.
Mr. Manish Upadhye, AGP for the State in WP/675/2018.
Mr. Vijay Patil, Senior Advocate i/b. Ruchi Vijay Patil for Respondent No.5.
Mr. Pratik Garde i/b. Komal Punjabi for the Respondent-BMC.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 17th JANUARY 2026
P.C.
1. Ms. Gayatri Singh, learned Senior Counsel appearing for the Petitioners, on instructions and on behalf of the Petitioners, some of whom are present in Court and identified by her, makes a statement that, having regard to the contents of the Page 1 of 3 Laxmi ::: Uploaded on - 20/01/2026 ::: Downloaded on - 23/01/2026 22:39:48 ::: 32 WP 2047-16.DOC affidavit filed on behalf of Respondent Nos. 1 to 3 of Mr. Nilesh Madame, Executive Engineer, the Petitioners have agreed to the cluster redevelopment being undertaken by the MHADA under Development Control Regulation 33(5). The contents of the affidavit filed on behalf of Respondent Nos. 1 to 3 read thus:-
"2. I say that out of the said land, the land admeasuring 18000 sq.mtr. was utilised for the purpose of construction of Transit Camp known as Bharat Nagar Transit Camp. At present the same is redeveloped by MHADA under DCR 33(5) and 33(19).
3. I say that on land admeasuring 17940.68 sq.mtr. Tata Colony was in existence and the same is in process of redevelopment under D.C. Regulation 33(5). On remaining land admeasuring 1,13,122 sq.mtr. there are 64 ground storey chawls and 12 plot utilised for the allotment of pitches to the occupants. I say that the pitches were allotted to projected affected persons (PAP) as occupants required to be vacated for purpose of construction of Western Express Highway from Slaughter House area.
4. I say that the present Petition is in respect of the Plot No. 11. On the said Plot 160 pitches admeasuring 10 x 16 were allotted to the occupant and the occupants have constructed the structure on the pitches. The Occupants of the Plot No. 11 had formed the society in the name of Petitioners.
5. I say that Respondent No. 1 had decided to redevelop the Plot No. 11 along with other plot viz. 1 to 4, 12A and 1 to 52 chawls as per cluster redevelopment as the area of Plot No. 11, 1 to 4, 12A and chawls 1 to 52 is more than 55000 sq. mtr.
6. I say that the Respondent No. 1 has taken the decision to redevelop the MHADA land themselves by appointing C & D Agency. Accordingly the Respondent No. 1 has already commenced the redevelopment of Motilal Nagar 1, 2, 3, Abhyudaya Nagar Colony and other MHADA's layout.
7. I say that object of promoting the Cluster redevelopment is to give the basic as well as modern facilities such as playgrounds, recreation ground, gymnasiums, swimming pools, club houses, institution office and theatres, etc. to the society.
8. I say that the Respondent No. 1 has already submitted proposal to the Housing Department of Government of Maharashtra for approval of redevelopment under D.C. Regulation 33(5) of Plot No. 1 to 4, 11, 12A and 1 to 52 chawls as a cluster redevelopment as per DCPR 2034."Page 2 of 3
Laxmi ::: Uploaded on - 20/01/2026 ::: Downloaded on - 23/01/2026 22:39:48 ::: 32 WP 2047-16.DOC 1.1 The Petitioners hence seek leave of this Court to withdraw the present Petition
2. Insofar as redevelopment is concerned, the contentions of the Petitioners are expressly kept open as we cannot examine any future issues, in regard to which, all rights and contentions of the parties are are expressly kept open.
3. We may observe that the re-development is pending for a considerable period of time and it shall now be the obligation of the MHADA to ensure that the Petitioners are rehabilitated at the earliest by expeditious completion of the redevelopment. The Petitioners shall be at liberty to approach the Executive Engineer of the MHADA in the event they require any relevant information with regard to the cluster redevelopment.
4. The Petition stands disposed of as withdrawn, however with the aforesaid observations.
5. In view of the disposal of the Petition, nothing would survive in the above Interim Application and the same stands disposed of accordingly.
(AARTI SATHE, J.) (G. S. KULKARNI, J.) Page 3 of 3 Laxmi ::: Uploaded on - 20/01/2026 ::: Downloaded on - 23/01/2026 22:39:48 :::