Sai Shraddha Co-Operative Housing Society Limited v. The State Of Maharashtra Thru Secretary Urban Development Department

LSP 1 34 wp 1201.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1201 of 2026 Sai Shraddha Co-operative Housing Society Limited and anr.

...

Petitioners V/s.

The State of Maharashtra and ors.

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Respondents.

Mr. M.M.Vashi, Sr. Advocate a/w. Itisha Ranka i/b. M.P.Vashi & Associates for the petitioners.

Mr. Nishigandh Patil, AGP for the State.

Mr. Akshay Shinde for respondent nos.2 to 4.

CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 8th April 2026.

P.C. :

1. Heard Mr. Vashi, learned Senior Advocate for the petitioners. The present petition prays for following substantial reliefs: Digitally signed by LATA SUNIL PANJWANI Date:

2026.04.10 11:08:17 +0530 "(a) That a writ of mandamus or any other writ, order or LATA SUNIL PANJWANI direction be issued ordering and directing the respondent Nos.2 to 4 to take all necessary steps to remove all unauthorized structures/encroachments on the plots bearing Survey no. 33/11 and 34/1 (CTS No.33 and 11) at Village Oshiwara.

(b) That a writ of mandamus or any other writ, order or

LSP 2 34 wp 1201.26.doc direction be issued ordering and directing the respondent No.1 to 4 to handover vacant, quiet and peaceful possession of the said two plots of land to the petitioner no.1 society within a time-bound period as fixed by this Hon'ble Court.

(c) That a writ of mandamus or any other writ, order or direction be issued ordering and directing the respondent no.1 to 4 to take all necessary steps to complete the allotment of the said plots of land to the petitioners including execution of lease deed."

2.

Mr. Shinde, learned counsel appears for respondent Nos.2 to 4 and on instructions submitted that as against the commercial structures notices have already been issued. It is submitted that the occupants of the offending commercial structures have filed their replies. Mr. Shinde submitted that so far as residential structures are concerned, the process of issuing notices under Section 52 of the MRTP Act is underway. Considering the assurance of Mr. Shinde that appropriate action is being taken and further that the action initiated will be taken to its logical conclusion within a period of 3 months from today, in view of this assurance, the present petition is disposed of.

3.

Liberty to apply in case of any difficulty.

(S.M.MODAK,J.) (M.S.KARNIK, J.)