Seema Cooperative Housing Society Limited v. State Of Maharashtra Through Urban Development Department
2026:BHC-OS:7667-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2592 OF 2025 Seema Co-operative Housing Society Limited ... Petitioner
Versus
State of Maharashtra and anr.
.... Respondents WITH INTERIM APPLICATION (L) NO.38411 OF 2025 IN WRIT PETITION NO.2592 OF 2025 M/s. Ganga Developers ... Applicant
IN THE MATTER OF :
Seema Co-operative Housing Society Limited ... Petitioner
Versus
State of Maharashtra and anr.
.... Respondents **** Adv. Mayur Khandeparkar a/w Adv. Vikramjeet Garewal, Adv. Prashant G., Adv. Gaurav Devdhekar, Adv. Kanhaiya Jha i/b. Adv. Vedanshi Shah, for the petitioner.
Mr. Suraj Gupte, AGP, for respondent No.1-State. Adv. Anjali Ghuge, for the respondent-BMC.
Adv. Chirag Mody a/w Adv. Siddhi Somani, Adv. Zara Dhanbhoora i/b. DSK Legal, for the intervenor in IAL/38411/2025. Ms. Snehal Bhoir, Sub-Engineer, Development Plan present. **** CORAM :
M. S. KARNIK & S. M. MODAK, JJ.
DATE :
30th MARCH, 2026
P.C. :
1.
Heard learned counsel for the parties.
2.
The petitioner by this petition prays for the following substantive relief :- "(a) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing Respondent No.2 to acquire the strip of land on the southern portion of plot no.88, CTS No.1554-B, Tenure C (1), Ghatla Village Road, Chembur, Mumbai - 400071 more particularly as highlighted on the plan annexed hereto at Exhibit 'D', in accordance with the procedure established by law." 3.
Mr. Mody, learned counsel for the intervenor has a serious objection to the grant of prayer clause (a) in favour of the petitioner. It is the submission of the intervenor that the petitioner has no right to seek such a relief.
4.
Learned counsel for the Corporation sought time to take instructions and respond. However, considering the nature of the controversy involved, it would be appropriate and even the parties agreed that the respondent No.2 for the purpose of considering the relief sought in this petition in terms of prayer clause (a) shall hear the petitioner as well as the intervenor - M/s. Ganga Developers.
Respondent No.2 may also take into consideration the representations made by the intervenor dated 27/09/2025 at Exhibit F and dated 07/11/2025 at Exhibit G of the intervention application. Parties shall appear before the respondent No.2 on 07/04/2026 at 11:00 a.m. The respondent No.2 to take a decision on the request made by the petitioner within a period of six weeks from 07/04/2026.
5.
All contentions are kept open.
6.
The writ petition is disposed of.
7.
In view of the disposal of the writ petition nothing survives for consideration in the interim application and the same stands disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 30/03/2026 19:26:32