Bharat Kishormal Shah v. Sate Of Maharashtra Through Office Of The Government Pleader
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 34771 OF 2024 WITH INTERIM APPLICATION (L) NO. 20843 OF 2025 IN WRIT PETITION (L) NO. 34771 OF 2024 Javed Abdul Rahim Attar & Ors.
...Petitioners
Vs The Maharashtra Housing & Area Development Authority & Ors.
...Respondents
WITH WRIT PETITION NO. 4247 OF 2024 WITH INTERIM APPLICATION (L) NO. 8139 OF 2025 IN WRIT PETITION NO. 4247 OF 2024 Vijay Anant Nagwekar
...Petitioner
Vs Municipal Corporation of Gr. Mumbai & Ors.
...Respondents
WITH WRIT PETITION NO. 2637 OF 2025 WITH INTERIM APPLICATION NO. 1382 OF 2024 Dharsey Khetsey Charities Trust
...Petitioner
Vs.
The State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION NO.934 OF 2025 Bharat Kishormal Shah.
...Petitioner
Vs.
State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION NO.1783 OF 2024 Bhagwati Gordhandas
...Petitioner
Vs.
Mumbai Bldg. Repair & Reconstruction Board & Ors.
...Respondents
WITH WRIT PETITION (L) NO.1105 OF 2025 WITH INTERIM APPLICATION (L) NO. 10427 OF 2025 Abdur Razzaq Ismail Holy
...Petitioner
Vs.
Maharashtra Housing & Area Development Authority and Ors.
...Respondents
AND WRIT PETITION (L) NO. 23962 OF 2025 Zoeb Zennuddin Merchant Secretary ... Petitioner Vs.
Mumbai Municipal Corporation Thr.
The Municipal Commissioner Mahapalika Bhavan & Ors. ... Respondents WITH WRIT PETITION NO. 2545 OF 2025 WITH WRIT PETITION NO. 2109 OF 2025 WITH WRIT PETITION (L) NO. 17966 OF 2025 WITH WRIT PETITION (L) NO. 2796 OF 2025 WITH WRIT PETITION (L) NO. 20495 OF 2025 WITH WRIT PETITION NO. 4138 OF 2024 WITH WRIT PETITION NO. 4208 OF 2024 WITH WRIT PETITION (L) NO. 32824 OF 2024 WITH WRIT PETITION (L) NO. 32822 OF 2024 WITH WRIT PETITION (L) NO. 32826 OF 2024 _________ WPL/34771/2024 With IAL/20843/2025 in WPL/34771/2024 Mr. Janak Dwarkadas, Sr. Adv. a/w Mr. P. G. Lad, Ms. Namrata Vinod, Ms. Sayali Apte & Ms. Anjali Maskar for MHADA.
With WPL/1105/2025 With IAL/10427/2025 in WPL/1105/2025 Mr. Prakash Mahadik for Petitioner.
Ms. K. H. Mastakar i/b Ms. Komal Punjabi for BMC. Ms. Dhwani Desai for R. No. 11 To 13.
With WP/934/2025 Mrs. Yamin Bhansali a/w Tina Surea i/b Yasmin Bhansali & Co. For Petitioner. With WP/1783/2024 Mr. Yashodeep Deshmukh, Gurubal Birajdar i/b Babita Kesharwani for R. No. 4. Mr. Ramachandran Narayanan i/b Narayanan & Narayanan for R. No. 7, 8, 10, 13, 16, 21, 22, 23, 27, 28, 32, 34, 35, 38, 41, 42 To 44, 46 To 48, 51, 54, 56 and 61. With WP/2545/2025 Mr. Simil Purohit, Sr. Adv. a/w Mr. Sahil Harjani, Ms. Riddhi Badheka i/b Desai & Diwanji for Petitioner.
With WP/2637/2025 Mr. G. S. Godbole, Sr. Adv. i/b Mr. Deepak Jadhav for Petitioners. With IA/1382/2024 in APP/522/2009 With WP/2109/2025 Mr. Sanket M. Mungale for Petitioner.
With WPL/17966/2025 Mr. Sankalp A. Sharma for Petitioner.
Ms. Neuty Thakkar i/b Mr. Tushar Goradia for R. No. 2. With WP/2796/2025 Mr. Arshad Shaikh, Sr. Adv. a/w Mr. Abdul Bari Ansari for Petitioner. With WPL/20495/2025 With WP/4138/2024 Mr. Alizain Patel i/b Patel Associates for Petitioner. Mr. Sharad Wakchoure for R. No. 7.
With WP/4208/2024 Mr. Sharad Wakchoure for R. No. 7.
With WP/4247/2024 Mr. Sameer R. Bhalekar for Petitioner.
Mr. Sameer Singh for R. No. 7.
With IAL/8139/2025 in WPL/4247/2024 Mr. Zishan Quazi for Applicant.
With WPL/32822/2024 Mr. Alizain Patel i/b Patel Associates for Petitioner. With WPL/32824/2024 Mr. Alizain Patel i/b Patel Associates for Petitioner. With WPL/32826/2024 Mr. Alizain Patel i/b Patel Associates for Petitioner. _______
CORAM:
G. S. KULKARNI & ARIF S. DOCTOR, JJ.
DATE:
12 AUGUST 2025 P.C.
1.
We passed a detailed order dated 28 July 2025 on these batch of petitions. The operative orders passed by this Court are in paragraph 33, when we have iner alia appointed a Committee headed by Shri Justice J. P. Devadhar Former Judge of this Court along with Shri Vilas G. Dongre, Retired Principal District Judge to examine the issues in the light of our observations as set out in the said operative directions.
2.
We are informed by Mr. Janak Dwarkadas, learned senior advocate appearing for the MHADA, along with Mr. Lad, learned counsel, that the order passed by this
Court on the batch of petitions namely Javed Abdul Rahim Attar & Ors. (Writ Petition (L) No. 34771 of 2024) is assailed by the MHADA, before the Supreme Court in Petitions for Special Leave to Appeal (C) Nos. 21699/21705 of 2025. 3.
We are also informed that the decision of the coordinate Bench of this Court in Vimalnath Shelters Pvt. Ltd. & Ors. Vs. State of Maharashtra, Through Ministry of Housing, Mantralaya & Ors1. dated 3 April 2025 is also assailed by the MHADA before the Supreme Court.
4.
In such context, our attention is drawn by Mr. Dwarkadas to an order dated 8 August 2025 passed by the Supreme Court in the case of MHADA Vs. Javed Abdul Rahim Attar (supra) which records that notice is issued on such SLP's and the proceedings are now made returnable on 16 September 2025. Also the connected matters are directed to be tagged alongwith the said proceedings. 5.
Our attention is also drawn by Mr. Dwarkadas to an order dated 4 August 2025 passed by the Supreme Court in Ashwin Vira & Ors. Vs. Vimalnath Shelter Pvt. Ltd. which challenges the decision of the coordinate bench of this Court in Vimalnath Shelters Pvt. Ltd. (supra).
6.
From what has been urged at the bar, the proceedings arising from our orders dated 28 July 2025 passed by this Court (supra) are now subjudice before the Supreme Court. However, as very fairly submitted by Mr. Dwarkadas, the said orders passed by this Court are not stayed by the Supreme Court. Hence he has fairly submitted that the said Committee appointed by us needs to proceed with the enquiry. In this view of the matter, Mr. Dwarkadas has drawn our attention to paragraph No.33 (x) of our orders that the Vice Chairman of the MHADA is providing suitable venue, conference hall for the committee to hold its sittings, as also provide appropriate Administrative & Secretarial Assistance, to the Committee. Accordingly, the committee would now proceed with the enquiry as assigned to it.
1 2025 SCC OnLine Bom 1109
7.
We are informed that the learned Prothonotary and Senior Master has already forwarded a copy of this order to the learned members of the committee. We also request the MHADA to appoint a Liaisoning Officer who shall also immediately coordinate with the learned members of the Committee, so that the committee can commence its proceedings.
8.
We have requested Mr. Dwarkadas and Mr. Lad that appropriate honorarium for the learned members of the Committee needs to be fixed. They have fairly accepted to do so. Accordingly steps be taken by the Vice Chairman. 9.
In the light of the above discussion, the orders to be passed by the Supreme Court on the pending proceedings, need to be awaited. 10.
We accordingly adjourn these proceedings to be taken up on 10 October 2025 to be listed under the caption 'for direction'. 11.
Liberty to apply in the event, any further orders are sought to be obtained by the parties.
12.
Ad-interim orders passed earlier shall continue to operate till the adjourned date of hearing.
(ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.)