Vasudeomurlidhar Gurav And ORS v. State Of Maharashtra And ORS

907-WP 7332-25@7337-25.DOC Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7332 OF 2025 Omkar Co-Operative Housing Society

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

AND WRIT PETITION NO. 7337 OF 2025 Vasudeo Murlidhar Gurav & Ors.

...Petitioners

Vs.

State of Maharashtra & Ors.

...Respondents

_________ Mr. Nikhilesh D. Pote for the Petitioner in WP 7332/25. and for Respondent No.4 in WP/7337/2025.

Mr. Ashwin Shete with Mr. Rohit Jain aw Mr. Gaurav Dalvi i/b. Jayakar & Partners, for Petitioners in WP 7337/25 and for Respondent Nos.13 to 33 in WP/7332/2025.

Mr. Aseem Naphade with Mr. Sagar Pawar with Mr. Meet Sawant i/b. K.P.Law Associates LLP, for Respondent Nos.4, 5, 6, 10 in WP 7332/25 and for Respondent No.2 in WP 7337/25.

Mr. A. A. Alaspurkar, AGP for the State/ Respondent Nos.1 to 3 in WP/7332/2025 and for Respondent No.1 in WP/7337/2025. Mr. Suresh M. Sabrad with Mr. Jeetenndra Sachdev, Mr. Vinod Sangvikar, Mr. Amey Sawant, Ms. Neha Parte and Mr. Pratik Sabrad for Respondent No.34 in WP 7332/25 and for Respondent No.5 in WP 7337/25. __________

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

13 JUNE 2025.

P.C.

1.

We have heard learned counsel for the parties. Permission to file reply affidavit in the registry.

2.

It appears that there is consensus between the parties that the dispute 13 June 2025

907-WP 7332-25@7337-25.DOC can be resolved. Let the parties come before the Court with the Minutes of the Order on the adjourned date of hearing.

3.

Stand over to 16 June 2025 (H.O.B.).

4.

We also note that water supply and electricity was disconnected insofar as 22 members are concerned. As the proceedings are being worked out in an amicable manner, we order the Municipal Corporation as also the MSDCL to restore the water connection as also the electricity connection. 5.

We clarify that we have passed this order only on the basis that the petitioners have agreed that they would vacate the premises unconditionally within a period of two months from 16 June 2025 as also that they would continue to reside in the premises at their own risk and consequences without holding the society/developer or the Municipal Corporation in any manner whatsoever liable for any civil or criminal action, in the event of any untoward incident of collapse of the building(s). 6.

The society/developer and/or the Municipal Corporation/MSEDLL shall act in accordance with the copy of this order. (ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) 13 June 2025