Suresh Awate v. Milind Borikar, Vice Chairman And Chief Officer
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.64 OF 2025 IN WRIT PETITION NO.185 OF 2025 Suresh Awate and others Petitioners versus Molind Borikar and others Respondents WITH INTERIM APPLICATION (L) NO.28884 OF 2025 IN WRIT PETITION NO.185 OF 2025 M/s.Thalia & Aishwarya Builders Applicant In the matter between :
Nehru Nagar Ajinkyatara C.H.S.Ltd.
Petitioner versus The MHADA and others Respondents WITH CONTEMPT PETITION (L) NO.28889 OF 2025 IN WRIT PETITION NO.185 OF 2025 M/s.Thalia & Aishwarya Builders Petitioner versus Milind Borikar and others Respondents _______ Mr.Ravi Shetty, Senior Advocate, with Mr.Arjun Yadav for petitioneer in CONPW.64/2025.
Mr.Aditya P.Shirke for petitioner in CONPW(L).28889/2025 and for Respondent no.5 in CONPW No.64/2025.
Mr.G.S.Hegdge, Sr.Advocate with Ms.P.M.Bhansali, Mr.Arafat Siddique andMr.Ajay Khaire for MMRDA.
Mr.Milind More, Additional G.P for State.
Mr.Akshay P.Shinde for MHADA in CONPW.64/2025. Mr.Nilesh Pandey with S.Pal with Aniruddha Ahire for Respondent no.7. _______
CORAM:
G. S. KULKARNI & AARTI SATHE, JJ.
DATE:
24th September 2025 P.C.
1.
On the backdrop of earlier orders passed on the present proceedings, today Mr.More learned Additional Govt.Pleader has placed on record an order dated 23rd September 2025 passed by the Collector of Stamps, Kurla under Section 31 of Maharashtra Stamps Act granting exemption from payment of stamp duty which is calculated at Rs.500/- by the said order. Copy of order is taken on record. 2.
In view of this, the lease deed in favour of Nehru Nagar Shraddha Suyog Co-operative Housing Society Limited stands resolved and the order passed by this Court dated 12th November 2024 accordingly stands complied. 3.
The MHADA would now be required to take appropriate steps to hand over possession of the land to Nehru Nagar Shraddha Suyog CHS Limited. Let the same be undertaken within a period of three weeks from today. All the necessary formalities as directed by us and agreed between the parties in the consent terms also be implemented without any delay. This will enable the occupants to vacate the premises.
4.
Insofar as lease deed in respect of Nehru Nagar Ajinkyatara Cooperative Housing Society Limited is concerned, this is the second society with which the Court was concerned in passing the order dated 12th November 2024, passed on the writ petition. It is informed by Mr.Shirke that the lease deed was submitted with the office of Registrar of Stamps. There cannot be a different yard stick qua this society. Mr.More on instructions state, that appropriate orders, as
passed in Nehru Nagar Shraddha Suyog CHS Limited granting exemption, will be passed as expeditiously as possible and within one week from today, in this case of Nehru Nagar Ajinkyatara CHS Limited. In the event any clarification/documents are required by the Stamps Authorities, the society shall provide the clarification. 5.
In this view of the matter, further adjudication of these petitions is not called for. The contempt petitions stand disposed of. 6.
Interim Application (L) No.28884 of 2025 does not survive and stands disposed of.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)