Pragna Nimesh Shah v. Maharashtra Housing And Area Development Authority

904-WPL-19290-2025 (spk to minutes).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 19290 OF 2025 Pragna Nimesh Shah

...Petitioner

Versus

Maharashtra Housing and Area Development Authority

...Respondents

__________ Mr. Aseem Naphade a/w Mr. Rajendra J. Rathod, Mr. Dhruv B. Jain, for the Petitioner.

Mr. Akshay Shinde for MHADA.

Ms. Pushpa Yadav i/b. Ms. Komal Punjabi for BMC. Mr. Omar Khaiyam Shaikh i/b. Vikas Salvi & Associates for Respondent No.6. Mr. Sanjaykumar Bhosale, Deputy Engineer, present. __________ CORAM :

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

by PALLAVI MAHENDRA WARGAONKAR Date:

2025.07.14 11:18:32 +0530 PALLAVI MAHENDRA WARGAONKAR DATE :

2 JULY 2025 P.C.:

1.

This petition, under Article 226 of the Constitution of India, is filed praying for the following reliefs:- "a.

This Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ or order as this Hon'ble Court may deem fit and further, quash and set-aside the Impugned Notice dated January 06, 2025 (Exhibit-N) in respect of the said building i.e. 466-A, Lalji Anandji Building, Dr. Ambedkar Road, Lalbaug, Mumbai- 400012;

b.

This Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ or order as this Hon'ble Court may deem fit and direct Respondent Nos. 1 to 5 to stay the Impugned Notice dated January 06, 2025 (Exhibit-N) in respect of the said building i.e. 466-A, Lalji Anandii Building, Dr.Ambedkar Road, Lalbaug, Mumbai- 400 012; c.

This Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ or order as this Hon'ble Court may deem fit and direct Respondent Nos. 1 to 5 to carry out structural repairs of the said building i.e. 466-A, Lalji Anandii Building, Dr. Ambedkar Road, Lalbaug, Mumbai- 400 012."

Pallavi Note: This order is corrected vide speaking to minutes of order dated 10.07.2025.

904-WPL-19290-2025 (spk to minutes).doc 2.

Insofar as the notice issued by the petitioner in this petition under Section 79-A(1)(b) of the Maharashtra Housing and Area Development Act, 1976 ("MHADA Act") is concerned, Mr. Shinde, learned counsel for the MHADA has fairly stated that the present proceedings will stand covered by the orders passed by us today in the companion petition bearing Writ Petition (L) No. 15352 of 2025.

3.

Thus, keeping open all contentions of the parties further adjudication of the petition is also not called for. 4.

It is disposed of. No costs.

[ARIF S. DOCTOR, J.] [G. S. KULKARNI, J.] Pallavi Note: This order is corrected vide speaking to minutes of order dated 10.07.2025.