Calibre Real Estate Pvt Ltd v. State Of Maharashtra And 7 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 29636 OF 2021 Asyra Developers Private Limited...

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Mr. Nikhil Vijay Adkine for Petitioners Ms. Manisha Jagtap a/w. Mr. Mayuresh Ingale, Ms. Padmaja Malgaonkar for Respondent MHADA.

Mr. Hemant Haryan, AGP in WPL/29636/2021, WPL/ 21687/2022.

Mr. S.B.Gore, AGP in WPL/12745/2022.

Mr. M.A.Sayed, AGP in WPL/12474/2022.

Mr. Manish Upadhye, AGP in WPL/12751/2022.

Smt. Uma Palsuledesai, AGP in WPL/12765/2022, WPL/21680/2022.

Smt. P.H.Kantharia, GP in WPL/12793/2022, WPL/29688/ 2021.

Mr. Milind More, Addl.G.P. in WPL/21681/2022, WPL/ 29694/2021.

Mr. Himanshu Takke, AGP in WPL/29641/2021.

Smt. Jyoti Chavan, AGP in WPL/54/2022.

Mr. Amit Shastri, AGP in WPL/29647/2021.

Mr. Abhay L.Patki, Addl. G.P. in WPL/29648/2021. Mr. L.T.Satelkar, AGP in WPL/29651/2021.

Mr. Sukanta Kamakar, AGP in WPL/29678/2021.

Mr. Dushyant Kumar, AGP in WPL/29700/2021.

Mr. Kedar Dighe, AGP in WPL/29705/2021

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :

AUGUST 26, 2022 4/5

P.C.

1.

We have heard learned Counsel for the petitioner and learned Advocate for the respondent/Maharashtra Housing and Area Development Authority (MHADA).

2.

It is submitted that the Division Bench of this Court under order dated 3rd January 2022 in Writ Petition (L) No. 19891 of 2021 to which one of us (Madhav J. Jamdar, J.) was a party had issued directions and thereby Clause 25 of the NOC dated 28th February 2011 and Clause 28 of revised NOC dated 4th June 2015 are held not to sustain and those two clauses are quashed and set aside. The same relief is sought in the present petitions. The petitioners are aggrieved with the same Clause 25 of the NOC dated 28th February 2011 and Clause 28 of revised NOC dated 4th June 2015 and the same has already been quashed and set aside in Writ Petition (L) No. 19891 of 2021 Under order dated 3rd January 2022. The purpose of fling of writ petitions would not survive.

3.

It is further submitted by the learned Advocate for respondent/MHADA that subsequent to the order passed by this Court on 3rd January 2022 in Writ Petition (L) No. 19891 of 2021, the MHADA would take further steps of declubbing of 22 private limited companies/tenancy. Naturally, the MHADA is required to take further steps pursuant to the order dated 3rd January 2022 of this Court expeditiously.

4.

With the aforesaid observations, the writ petitions are disposed of. No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) 5/5 by RAJU DATTATRAYA GAIKWAD Date:

2022.08.30 11:18:44 +0530 RAJU DATTATRAYA GAIKWAD