Mahendra Narayan Lade And ORS v. Laxminarayan Apartment Co-Op. Housing Soc. Ltd And ANR

26.WP.16411.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16411 OF 2024 Mahendra Narayan Lade & Ors.

....Petitioners

Versus

Laxminarayan Apartment CHS Ltd. & Ors.

....Respondents Mr. Mandar Soman, Advocate for Petitioners.

Mr. P.V. Nelson Rajan, AGP for State.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : NOVEMBER 17, 2025 ORDER :

1.

Despite notice, none appears for the Respondents yet again. 2.

The short issue that arises for consideration is whether the Village Vangaon, Dahanu Taluka, Palghar District falls within the jurisdiction of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management And Transfer) Act, 1963 ("MOFA") for the Impugned Order to have been passed. 3.

Learned Counsel for the Petitioners seeks liberty to make the State a party, so that this fundamental issue can be clarified by this Court. Liberty to make the State a party and serve a copy of the Petition on the State. This shall be done within a week from today. Digitally signed by AARTI GAJANAN PALKAR Date:

2025.11.18 11:01:11 +0530 AARTI GAJANAN PALKAR NOVEMBER 17, 2025 Aarti Palkar

26.WP.16411.2024.doc 4.

Liberty to effect the change in front of the Associate. Reverification is dispensed with. 5.

Learned AGP also accepts notice on behalf of the State. Learned AGP shall take instructions as to whether the said village is covered within the jurisdiction of MOFA, so that the issue can be dealt with one way or the other.

6.

Meanwhile, purely as an ad-interim measure, status quo obtaining as of today in respect of the subject land covered by the Impugned Order shall be maintained until the next date. 7.

Stand over to December 1, 2025.

8.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] NOVEMBER 17, 2025 Aarti Palkar