Samta Nagar Co-Operative Housing Societies Union Limited v. Maharashtra Housing And Area Development Authority

907-OSWP-2557-2023.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2557 OF 2023 Samta Nagar Co-Operative Housing Societies Union Ltd & Ors

...Petitioners

Versus

Maharashtra Housing and Area Development Authority & Ors

...Respondents

Mr Sharan Jagtiani, Senior Advocate, with Rohaan Cama, Ms Surabhi Agarwal, Mrs Jasmine Kachalia, Aryan Srivastava & Sahil Singh, i/b Wadia Ghandy & Co, for the Petitioners. Ms Manisha Jagtap, for the Respondent-MHADA.

Mr Himanshu Takke, AGP, for the Respondent-State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED: 6th October 2023 PC:- 1.

We believe the Petition can be disposed of with the following order.

2.

The 1st Respondent, namely the Maharashtra Housing Area and Development Authority ("MHADA") will decide all applications made by the Petitioner for approvals and permissions for development of the land i.e., the plot reserved for rehab and resettlement. The Petitioners' applications are dated 27th Digitally signed by SANDHYA BHAGU WADHWA Date:

2023.10.09 11:50:20 +0530 SANDHYA BHAGU WADHWA 6th October 2023

907-OSWP-2557-2023.DOC December 2018-, copy at Exhibit "J", 25th October 2020, copy of which is at Exhibit "K" and 3rd March 2021, copy of which is at Exhibit "O" to the Petition. These decisions are to be taken at the earliest possible and in any event within a period of eight weeks from today. While taking a decision, the officer of MHADA will bear in mind the order dated 28th April 2017 passed by the Vice President and Chief Executive Officer of MHADA as also the layout that was approved on 18th February 2021.

3.

The decision has to be taken on merits and in accordance with law.

4.

The Petition is disposed of in these terms. No costs. (Kamal Khata, J) (G. S. Patel, J) 6th October 2023