Ashok Gundecha v. Mumbai Metropolitan Region Development Authority(Mmrda)

DARSHAN PRAKASH PATIL DARSHAN PRAKASH PATIL Date: 2024.09.25 10:40:37 +0530 Darshan Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4316 OF 2024 Ashok Gundecha and Ors.

...Petitioners

Versus

Mumbai Metropolitan Region Development Authority (MMRDA) and Ors.

...Respondents

Mr Yogesh C Naidu, a/w Adv Sujith Suresh, Adv Eden DH Ribeiro i/b Solisis JVPD, for Petitioners 1 to 7. Mr Girish Godbole, Senior Advocate, a/w Mr M S Federal, Murtuza Federal, M K Sayed, Veer Ashar i/b Federal & Company, for Respondent No.3.

Mr Ashish Kamat, Senior Advocate, a/w Ashwin S. and S Y Mulani, for Respondent No.4.

Mr P G Lad, a/w Sayali Apte, for the Respondent-MHADA. Adv Shyamali Gadre, i/b M/s Little & Co., for Respondent No.5 (MMRCL).

Adv P M Bhansali, for the Respondent-MMRDA (through V.C.). Ms Lavina Kriplani, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

23 September 2024 PC:- 1.

Heard learned counsel for the parties.

2.

At present, we are not going into the issue of locus standi of the petitioners to maintain the present petition.

Because, learned counsel for the petitioners, on instructions, states that the petitioners for the present would be satisfied if MMRDA is directed to dispose of the petitioners' representation dated 13 October 2021 in accordance with law as expeditiously as possible.

3.

Learned senior counsel Mr Kamat who appears for the Society (respondent No.4) and learned senior counsel Mr Godbole who appears for the developer (respondent No.3) submit that they have made representation to the MMRDA in the context of re-development on the alternate plot. 4.

In our opinion, this petition can be disposed of by directing the MMRDA to dispose of the petitioners', Society's and developer's representations as expeditiously as possible. The issue of petitioners locus standi is specifically kept open. 5.

Accordingly, MMRDA is directed to dispose of the petitioners' representation dated 13 October 2021, the Society's representation dated 25 October 2023 and the developer's representation dated 11 August 2021 as expeditiously as possible and in any event by 04 November 2024, if such representations are not already disposed of. The MMRDA must hear all the parties including in particular MHADA. Again, we clarify that all contentions of all parties are left open because we have not examined them. 6.

By 05 November 2024, the MMRDA must communicate its decision to the respective parties. If any of the parties have

any grievance, it shall be open to them to take such steps as are permissible under the law.

7.

With the above directions, we dispose of this petition. There shall be no orders as to the costs. All concerned to act on the authenticated copy of this order.

(Kamal Khata, J) (M.S. Sonak, J)