Mauli Bunderpakhadi Sra Co Operative Housing Society Ltd v. High Power Committee And 5 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1609 OF 2017 Mauli Bunderpakhadi SRA Co-operative Housing Society Ltd.

... Petitioner

Versus

High Power Committee and others ... Respondents WITH WRIT PETITION NO. 356 OF 2017 Aristo Realtors Infrastructure Private Limited and another ... Petitioners

Versus

State of Maharashtra and others ... Respondents .....

Mr. Prasad Dhakephalkar, Senior Advocate a/w Mr. Simil Purohit, Mr. Viral Shukla, Ms. Priti Patel, Ms. Rupali Padgutekar i/b M/s. Shukla & Associates for Petitioner in Writ Petition No. 1609 of 2017 and for Respondent No.4 in Writ Petition No. 356 of 2017. Mr. Milind Sathe, Senior Advocate i/b Jagdish G. Aradwad(Reddy) for Respondent No.1 in Writ Petition No. 1609 of 2017 and for Respondent No.7 in Writ Petition No. 356 of 2017. Mr. Girish Utangale a/w Mr. Suyash Gadre i/b Utangale & Co. for Respondent No.3 in Writ Petition No. 1609 of 2017 and for Respondent Nos. 3 and 7 in Writ Petition No. 356 of 2017. Mr. Chirag Mody a/w Mr. Samit Shukla, Ms. Ankita Agarwal i/b DSK Legal for Petitioners in Writ Petition No. 356 of 2017 and for Respondent No.6 in Writ Petition No. 1609 of 2017. Mr. Vijay Patil, Advocate for Respondent No.2-SRA in both Petitions.

Mr. Cherag Balsara i/b Jayesh Vyas for Respondent No.4 in Writ Petition No. 1609 of 2017 and for Respondent No.5 in Writ Petition No. 356 of 2017.

.....

CORAM :

ANOOP V. MOHTA AND SMT. ANUJA PRABHUDESSAI, JJ.

DATE :

14th JULY, 2017 FINAL ORDER :

1.

Heard the learned Counsel appearing for the parties. 2.

Admittedly, respective parties' application i.e. Application No. 145 of 2016 and Application No. 212 of 2017 are pending with the High Power Committee (HPC) since long. Considering the rival submissions so made including the order of status-quo, already granted by HPC which according to Petitioner, affecting the SRA project, and even otherwise, it is necessary to adjudicate such an application/appeal so filed, to avoid further delay. It is necessary to complete the project in time. All the concerned parties are before this Court who are involved in the same. Therefore, in the interest of justice and also for proper adjudication of factual aspects, we are inclined to direct the High Power Committee (HPC) to decide the applications (Application No. 145 of 2016 and Application No. 212 of 2017) as early as possible, not later than 12 weeks, in accordance with law.

3.

All the concerned parties to appear before the High Power Committee on 21st July, 2017. The High Power Committee (HPC) to deal with the applications as directed above. 4.

It is made clear that in view of the order passed by this Court in. The Apex Grievance Redressal Committee constituted u/s 35(1) of the Maharashtra Slum Areas (I.C. & R.) Act, 1971 if made functional and all these matters are transferred, the above directions to continue. All the concerned to follow and comply with this order.

5.

Both the writ petitions are disposed of accordingly. No costs. (ANUJA PRABHUDESSAI, J.) (ANOOP V. MOHTA, J.)