Sahyadri Co-Operative Housing Society (Proposed) And 2 ORS. v. The State Of Maharashtra And 5 ORS.
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 23 OF 2024 Shriniwas Prabhu
...Petitioner
Versus
State of Maharashtra
...Respondent
WITH WRIT PETITION NO. 1393 OF 2015 Santosh Ganpat Shinde & Anr
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
WITH WRIT PETITION NO. 2285 OF 2015 Krypton Corporation & Anr
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
WITH WRIT PETITION NO. 1097 OF 2014 Sahyadri Cooperative Housing Society (Proposed) & Anr
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
WITH Digitally signed by SUMEDH NAMDEO SONAWANE Date:
2024.01.31 12:07:33 +0530 SUMEDH NAMDEO SONAWANE
WRIT PETITION NO. 62 OF 2015 Sahyadri Cooperative Housing Society (Proposed) & Anr
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
WITH WRIT PETITION NO. 1323 OF 2018 Happy Home Estates & Anr
...Petitioners
Versus
The State of Maharashtra & Ors
...Respondents
Mr Sanjeev Sawant, with Samir Suryawanshi, for the Petitioner in WP/1097/2014 & WP/62/2015.
Mr PG Lad, with Sayli Apte, for the Respondent-MHADA. Mr Shanay Shah, with Prakruti Joshi, Dhruv Vaishya i/b Dhruve Liladhar & Co, for Respondent No 3 in WP/23/2024. Mr Mayur Khandeparkar, i/b Anita Borkar, for the Petitioner in WP/23/2024.
Mr Narayan Sahu, with Shrinivasan Mudaliar, for Respondent No 16 in WP/1393/2015.
Mr Nigel Quraishy, with Dushyant Krishnan for Respondent No 10, 14 and 15 in WP/62/2015.
Mr Nigel Quraishy, with Abhijeet Joshi & Dushyant Krishnan, for Respondent No 14 & 15 in WP/1393/2015.
Mr SB Gore, AGP, for the Respondent-State.
Mr Milind More, Addl GP, for the Respondent-State.
CORAM
G.S. Patel & Kamal Khata, JJ.
DATED:
PC:- 1.
Writ Petition No 23 of 2024 was listed before us yesterday. At that time, we noted that Maharashtra Housing and Area Development Authority ("MHADA") had declined to act because of the pendency of Writ Petition No 2285 of 2015 filed by Krypton Corporation, Respondent No 3 in Writ Petition No 23 of 2024. The Krypton Petition had never been moved. It assailed a cancellation of a Letter of Intent ("LoI") by MHADA. Yesterday, Mr Shah had instructions to state that the Krypton Corporation Petition was being withdrawn. Since it was not on board, we listed both matters today.
2.
Mr Shah confirms that Writ Petition (L) No 2285 of 2015 may be permitted to be unconditionally withdrawn. 3.
Accordingly Writ Petition No 2285 of 2015 filed by Krypton Corporation & Ors is dismissed as unconditionally withdrawn. 4.
This clears the path for an order in Writ Petition No 23 of 2024. Prayer clause (b) seeks a direction to MHADA to process a proposal for redevelopment submitted to N Rose Developers Pvt Ltd. N Rose Developers is not a party to the Petition. Its proposal is of 24th December 2022. Much time has passed since. We are anxious to avoid any further complications or misunderstanding and have therefore, requested Mr Khandeparkar to obtain instructions as to whether N Rose Developers is still committed to the
redevelopment proposal. Mr Khandeparkar states that this will be done by Tuesday, 6th February 2024.
5.
List the matter on Tuesday, 6th February 2024 for orders. 6.
Writ Petition No 62 of 2015, Writ Petition No 1097 of 2014 and Writ Petition No 1393 of 2015 are separately disposed of. They are to be de-tagged.
(Kamal Khata, J) (G. S. Patel, J)