Nutan N. Marathe And 36 ORS (Applicant) v. Milind Dashrath Narvekar And 4 ORS.

918-OSIWP-1096-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1096 OF 2024 IN WRIT PETITION NO. 3509 OF 2019 Nutan N Marathe & Ors ...Applicants In the matter between Milind Dashrath Narvekar

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

Mr Punit Desai, for the Applicants.

Mr Mayur Khandeparkar, with Vikramjeet Grewal i/b DA Sakhalkar, for Respondent No 1.

Mr Kunal Waghmare, for the Respondent-BMC.

Mr Abhay L Patki, Addl GP with Mr Vikrant Parshuram, AGP, for the Respondent-State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

18th April 2024 PC:- 1.

This Interim Application is completely misconceived. The original Petitioner laboured for 14 years till a Writ Petition meant for a society of High Court employees was finally allowed to go through on Maharashtra Housing and Area Development Authority Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.04.19 10:27:10 +0530 ("MHADA") land. Now comes this Interim Application asking SUMEDH NAMDEO SONAWANE 18th April 2024

918-OSIWP-1096-2024.DOC that the Applicants should be considered for membership in the society. There are as many as 37 Applicants. They had apparently made payments way back in 2010 when the society was first being formed. This is no basis on which to include them now. That would disrupt everything, including all plans. Most important is the question of the threshold eligibility. Not one of the Applicants is a High Court employee and the entire scheme was meant only for employees of the High Court.

2.

The Interim Application is rejected. There will be no order as to costs.

3.

We accept Mr Khandeparkar's statement that once the Applicants give their bank details, the amounts that have been paid by them will be returned to them.

(Kamal Khata, J) (G. S. Patel, J) 18th April 2024