By this Writ Petition the Petitioners have prayed for quashing and setting aside of the common order dated 28th March, 2008, passed by the Maharashtra Co-operative Appellate Court, Mumbai in three Appeal from orders bearing Nos.222 of 2007, 227 of 2007 and 229 of 2007.

2. By an Order of this Court dated 6th May, 2008 the above Writ Petition was admitted and the hearing of the Writ Petition was expedited. Since the Writ Petition pertains to the issue involving redevelopment of seven old dilapidated buildings of the Petitioner No.1 having 172 members and since one out of the two new buildings of 18 floors i.e. Building C-1, was ready for occupation since the year 2007 and occupation certificate dated 8th August, 2007 also issued by the Mumbai Municipal Corporation (MMC), certain interim orders directing allotment and handing over possession of flats to the members in the said Building C-1 have been passed by this Court from time to time. The Writ Petition is now taken up for final hearing. Mr. Wassoodew, Advocate appearing in Chamber summons No.275 of 2008 1iIed by two of the members of the Petitioner No.1 Society to intervene in the above Writ Petition and support the Petitioners was heard in the matter. Mr. Wassoodew has also submitted 71 Affidavits of individual members of the Society who are willing to shift to Building C-2 which is not constructed till date in view of the obstruction on the part of a minuscule number of members of the Society. Mr. Ajit K. Pingulkar (son of the deceased Respondent No.2 K. T. Pingulkar) also tendered an unregistered Chamber Summons for self and on behalf of 50 other members seeking to intervene in the above Writ Petition and support the Petitioners. Mr. Pingulkar was allowed to make his submissions in the matter.

3. At the outset, Mr. M. M. Vashi appearing on behalf of the Petitioner No.1 has submitted that before the Co-operative Court, the Petitioner No.1 had sought orders/directions against the occupants of all the seven Buildings A to G. However, the Co-operative Court granted reliefs only against the occupants of three Buildings 'A', 'B' and 'F'. In the present Writ Petition, the Petitioners are pressing for reliefs only against the occupants of Buildings 'A', 'B' and' F' and not against the occupants of Buildings 'C', 'D', 'E' and 'G'. An Application seeking deletion of Respondent Nos. 2,4,6,9, 10,12, 13, 15, 16, 17,38 and 39, who are the occupants of Buildings 'C', 'D','E' and 'G' is filed by the Petitioners on the ground that the Petitioners are not seeking any reliefs against the said Respondents. The said application is opposed on behalf of the Respondents whose names are sought to be deleted on the ground that the said Application is taken out after the hearing of the Writ Petition has commenced and the said Respondents are already being represented in the above Writ Petition. The relief sought in the Application to delete some of the Respondents is therefore not granted.

4. According to the Petitioners, the following facts are relevant for deciding the above Writ Petition.

5. The Petitioner No.1 (hereinafter referred to as 'the Society') is a registered Cooperative Housing Society. As of today, there are 7 buildings consisting of 172 flats situate on land bearing Survey No.106-A (Pt) at Andheri (West), Off. Versova Road, Andheri and admeasuring 1292 sq. yards i.e. 10796 sq. mtrs. (hereinafter referred to as the said property). Most of the members of the Society are the employees of the port trust. The Petitioner No.2 is a Developer appointed by the Society to redevelop the Society land after demolishing the existing buildings. The Petitioner No.2 has already constructed on the said property a Building numbered C-I, comprising of 18 floors and the MMC has issued an occupation certificate dated 8th August, 2007 with regard thereto.

6. The Respondents are some of the members of the Society. The Society comprises of seven buildings (A to G) constructed during the period 1964 to 1