Nouve Apartment Co-Op. Hsg. Soc.Ltd. v. The Chief Secretary And 6 ORS.

901.wp.2824.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2824 OF 2014 Nouve Apartment Co-op.Hsg. Soc.Ltd.

...Petitioner

vs The Chief Secretary & 4 Ors

...Respondents

.....

Mr Gautam Kumar Upadhyay for the Petitioner Mr Ajit N. Jakhadi for Respondent No.6.

Mr R.P.Ojha for Respondent No.7 .....

CORAM : S.C.DHARMADHIKARI, B.P.COLABAWALLA, JJ.

8 SEPTEMBER, 2016 P.C. :

Heard learned advocate appearing for the petitioner. Perused the writ petition and all annexures thereto. We have also perused the affidavit-in-reply.

We do not think that in writ jurisdiction any relief can be granted based of the averments in the writ petition. These are all based on the alleged claim by the Petitioner in the immovable property and the FSI generated by the plot. If this is erroneously or surreptitiously enjoyed by a private party, then the petitioner is well Pg 1 of 2

901.wp.2824.2014.doc aware of its remedy under General Law. It will have to file a suit in the competent Civil Court and claim such declarations as are permissible in law, particularly in the light of the stand taken in the affidavit in reply. The Writ Petition involves disputed questions of fact. It is, therefore, disposed of. No order as to costs. ( B.P.COLABAWALLA J.) ( S.C.DHARMADHIKARI J. ) Pg 2 of 2