IN THE HIGH COURT OF BOMBAY
S.C. DHARMADHIKARI, B.P. COLABAWALLA, JJ.
Dinanath Co-operative Housing Society Ltd. - Petitioner
Versus
The State of Maharashtra through Secretary, Department of Land Revenue & Ors. - Respondent
Writ Petition (L) No. 1939 of 2016
Decided On : 08-12-2016
1. Rule. Respondents waive service. By consent of both sides, Rule is made returnable forthwith.
2. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks a writ of Certiorari or any other order or direction in the nature thereof calling for the records and proceedings in respect of orders dated 8th June, 2016 and 8th July, 2016 passed by respondent nos. 2 and 6 and after ascertaining their legality, propriety and correctness, the same be quashed and set aside.
3. The petitioner is a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960. The first respondent is the State of Maharashtra and the second respondent is the Minister in-charge of the Department of Social Justice and Special Assistance, Government of Maharashtra. The third respondent is the Assistant Commissioner in the Social Welfare Department, whereas, respondent no. 4 is a registered partnership firm of builders and developers. Respondent no. 5 is not the member of the petitioner society and who filed a complaint with respondent nos. 2 and 3, based on which, the order dated 8th June, 2016 and impugned in this writ petition is passed. Respondent no. 6 is an official of the Municipal Corporation of Greater Mumbai and in-charge of scrutiny of the building proposals. He has passed the subsequent order dated 8th July, 2016.
4. The relevant facts for appreciating the rival contentions are briefly set out hereinbelow.
5. Respondent no. 1, with a view to provide houses to the persons from backward class, formulated a scheme commonly known as PWR-219. The Collector, Mumbai Suburban Division, under the said scheme known as PWR-219, allotted a plot of land to the petitioner society being Plot No. 14 forming part of Survey No. 111-D, CTS No. 825/1/4 situate at village Amboli, Andheri (W), Mumbai – 400 053, to enable the petitioner society to construct building/s thereon comprising of flats and to allot the same to its members. On receiving said plot, Maharashtra Housing and Area Development Authority (MHADA) constructed three buildings, in all comprising of 60 flats and gave possession thereof in October, 1977. The petitioner, after taking a loan from the Maharashtra State Housing Finance Corporation Ltd., a cooperative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960, carrying on business of lending amounts to housing societies throughout Maharashtra State, paid the construction cost. Each building comprising ground plus upper four floors consisting of 20 flats without lift service, totalling 60 flats were constructed and the said 60 flats were allotted to its members. As a result, there are 60 residential flats and equal number of members, namely, 60 members of the petitioner society.
6. With the passage of time and more particularly since the said three buildings having been constructed in 1969-1972 or so more than 30 years old, their condition had deteriorated. They were not in sound and good condition. There were cracks in the RCC members, steel reinforcement was exposed at various places and had been corroded at various places, cracks developed in the walls, plaster had fallen out at various places with the result in rainy season in allmost all the flats there was leakage. The Municipal Corporation of Greater Mumbai had repeatedly inspected the said buildings and at each time, issued notices under section 354 of the Mumbai Municipal Corporation Act, 1888 thereby informing the petitioner society that the buildings were in ruinous condition, likely to fall and dangerous to any person occupying, residing in or passing by the same, as more particularly set out in the said notice. Thus, since the year 2007, the Municipal Corporation of Greater Mumbai had issued notices under section 354 of the said Act continuously pointing out the ruinous condition of the said property.
7. Ultimately, the Ward Officer, K/West Ward of the Municipal Corporation issued a caut
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