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Bombay High CourtWP/505/2015absolute

M/S. Om Omega Investment And Properties v. The High Power Committee-Ii And 9 ORS.

2021-10-20Hon'Ble Shri Justice Ujjal Bhuyan,Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2421 OF 2016 Prem Siddha Co-Op. Housing Society & Anr.

... Petitioners Vs.

High Power Committee & Ors.

... Respondents ALONGWITH CONTEMPT PETITION (L) NO. 13112 OF 2021 Prem Siddha Co-Op. Housing Society & Anr.

... Petitioners Vs.

Satish Lokhande & Ors.

... Respondents ALONGWITH CONTEMPT PETITION (L) NO. 96 OF 2019 Prem Siddha Co-Op. Housing Society & Anr.

... Petitioners Vs.

Deepak Kapoor ... Respondent ALONGWITH CONTEMPT PETITION NO. 63 OF 2017 Prem Siddha Co-Op. Housing Society & Anr.

... Petitioners Vs.

Vishwas Patil & Anr.

... Respondents ALONGWITH WRIT PETITION (L) NO. 672 OF 2015 Shivkripa Builders & Developers ... Petitioner Vs.

Slum Rehabilitation Authority & Ors.

... Respondents ALONGWITH WRIT PETITION NO. 1205 OF 2015

Indira Sra Co-Operative Housing Society ... Petitioner Vs.

High Power Committee & Ors.

... Respondents ALONGWITH WRIT PETITION NO. 505 OF 2015 M/s. Om Omega Investment & Properties ... Petitioner Vs.

High Power Committee & Ors.

... Respondents ALONGWITH WRIT PETITION NO. 2595 OF 2015 Indira Sra Co-Operative Housing Society ... Petitioner Vs.

Slum Rehabilitation Authority & Ors.

... Respondents ALONGWITH WRIT PETITION NO. 2424 OF 2015 M/s. Om Omega Investment & Properties ... Petitioner Vs.

High Power Committee & Ors.

... Respondents ALONGWITH WRIT PETITION NO. 396 OF 2020 Prem Siddha Co-Op. Housing Society & Anr.

... Petitioners Vs.

Chief Executive Officer & Ors.

... Respondents ...........

Mr. Vikram Nankani, Sr. Adv. a/w Mr. Samir A. Vaidya, Mr. Roshil Nichani, Mr. Deep Samant, Mr. Sanjay Agarwal, Ms. Aishwarya Kantawala & Mr. Vishal Bhogale i/by Samir A. Vaidya, Advocate for the Petitioners in WP No.396 of 2020 and WP No.2421 of 2016, CONPWL No.96 of 2019, CONPW No.63 of 2017 and CONPWL No.13112 of 2021 AND for Respondent No.6 in WPL 672/2015, Respondent Nos.7 & 10 in WP

505/2015 & WP 1205/2015, Respondent No.7 in WP 2424/2015 & 2595/2015.

Mr. S. U. Kamdar, Sr. Adv. a/w Hrushi Narvekar, Mr. Vivek Vashi, Ms. Alya Khan & Ms. Shikha Dharia i/by Vashi and Vashi, Advocates for the Petitioners in WP No.1205 of 2015 and WP No.2595 of 2015, Resp. No. 7 in WP 2421/16, Resp. No. 4 in WPL 672/15, RESP. No. 9 in WP 505/15 & 2424/15.

Ms. Naira Neejeebhoy with Mr. Arun Panickar & Mr. Mangesh Sawant for Petitioners in WP No.2424 of 2015, WP 505/2015; and for Respondent No.9 in WP 2421 of 2016, WP 1205 of 2015, WP 2595/2015; and for Respondent No.8 in WPL 672 of 2015.

Mr. Dinesh Dubey a/w Mr. Rohit Pandey, Advocates for Respondent No. 8/ Birla Industries Group Charity Trust in WP No.2421 of 2016 , WP No.1205 of 2015, WP No.505 of 2015, WP No.2595 of 2015, WP No. 2424 of 2015 and WP 396 of 2020 and for Respondent No.7 in WP (L) No. 672 of 2015.

Ms. Firdaus Moosa i/b Mr. Prakash Mahadik for petitioner in WPL 672/15, RES. NO. 5 IN WP 2421/16 & WP'S 505, 2424 AND 2595/15 AND Res. no. 4 in CONPWL 13112/2021.

Mr. Vijay Patil, Advocate for HPC in all matters. Mr. Milind More, Addl. GP in WP No.2421 of 2016, CONPWL No.96 of 2019, CONPW No.63 of 2017, CONPWL No.13112 of 2021, WP(L) No. 672 of 2015, WP 505/15 and WP No.1205 of 2015. Mr. Milind More, Addl. GP alongwith Mr. S. B. Gore, AGP for the Respondent in WP No.2595 of 2015.

Mr. Milind More, Addl. GP alongwith Mr. Amit Shastri, AGP for the Respondent in WP No.2424 of 2015.

Ms. Aparna D. Vhatkar for SRA in all matters.

Mr. Rupali Adhate, for Respondent No.6 in WP 2421/2016, WP 1205/2015, WP 505/2015, WP 2595/2015 & WP 2424/2015; Respondent No.5 in WPL 672/2015; Respondent No.4 in WP 396/2020. CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ.

DATE : 20th OCTOBER, 2021 P.C.

After pronouncement of judgment, Mr. S. U. Kamdar, learned senior counsel and Mr. Vijay Patil, learned counsel submit that as on today HPC is no longer in existence and has been replaced by Apex Grievance Redressal Committee.

2.

Accordingly, directions in paragraph 71 of the judgment pronounced today would now be to Apex Grievance Redressal Committee in place of HPC.

3.

Mr. Samir Vaidya, learned counsel for the petitioners in Writ Petition No.2421 of 2016 and Writ Petition No.396 of 2020 submits that the judgment and order dated 20.10.2021 may be kept in abeyance for two weeks so as to enable the petitioners to prefer petition for special leave to appeal before the Supreme Court.

4.

Having rendered the judgment, we are not inclined to stay the same.

5.

Prayer is rejected.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.10.20 15:52:52 +0530 BALAJI GOVINDRAO PANCHAL MADHAV J. JAMDAR, J UJJAL BHUYAN, J