Jhaveri Mansion Co-Op Hsg. Scy. (Proposed) And ORS. v. Sunil Niranjan Jhaveri

1/2 WP-2104-08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2104 OF 2008 Jhaveri Mansion Co-operative Housing Society (proposed) & Anr.

..... Petitioners V/s Sunil Niranjan Jhaveri & Ors.

..... Respondents ...

Mr. P.G. Karande for Petitioners.

Mr.Yadhunath Chaudhari for Respondent No.1.

Mr.V.M.Parshurami for Respondent No.2.

...

CORAM : A.A. SAYED, J.

DATED : 9 MARCH 2015 P.C.

Learned Counsel for the parties are agreed to the following order being passed:

(i) The impugned order is set aside and the matter is remanded back to the Authority to decide the same afresh. The Application under section 103-B under Chapter A of Maharashtra Housing & Area Development Act, 1976 shall stand revived and shall be decided as expeditiously as possible and in any event not later than four months from today.

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2/2 WP-2104-08.doc (ii) It is clarified that pendency of the Application before the Authority shall not preclude the Authorities from processing the proposed development proposal in accordance with law.

(iii) All contentions of both parties are kept open. 2.

The Petition is disposed of in the aforesaid terms. (A.A. SAYED, J.) kambli 2/2