JUDGMENT :

RAJESH S. PATIL, J.

1. This Writ Petition is filed by the eight shop keepers, whose shops/offices are situated at Ground Floor of ‘F’ and ‘G’ Wings of Malad Ganga Co-operative Housing Society Limited., at Malad, Mumbai.

2. The Malad Ganga Co-operative Society Limited compromises of seven Wings. Members of Five Wings have already vacated the building and the buildings have been demolished. The remaining two buildings, not demolished, are Wing ‘F’ and ‘G’ and the total occupants of these two buildings are 43 members. The members of residential flat of these two buildings 30 in number, have already vacated the building. But remaining 13 members who are shop owners, are said to be still occupying these buildings. However, only eight members have filed the present Writ Petition.

3. The Petitioners have filed this Petition seeking reliefs, which read as under :-

“a. That this Petition be admitted;

b. That this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate Writ directing the Respondent Nos. 1 to 4 to demolish the first to fourth floors of said F and G Wing of Respondent No.5 as per the Impugned Notice leaving aside the premises of these Petitioners;

c. That this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate Writ partially setting aside the Impugned Notice dated 11/08/2022 bearing ref NO.PN/D01PN/047/354-MMC ACT/PN733N01 issued by Respondent No.3 as being arbitrary, illegal and void with respect to the premises of these Petitioners;

d. That this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate Writ directing the matter be referred to Technical Advisory Committee i.e. TAC in case after partial enforcement of the Impugned Notice with respect first to fourth floors of said F and G Wing of Respondent No.5, as two fresh contrary Structural Audit Reports would be received from these Petitioners and Respondent No.5 with respect to the Ground floor of said F and G Wing of Respondent No.5 (i.e. the Shops/Offices of these Petitioners);

e. That this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate Writ directing the Respondent Nos. 1 to 5 to ensure the continuity of water and electricity supply to these Petitioners and direct Respondent No.5 to pay the pending Water Bills of Respondent No.5 till date;

f. That this Hon'ble Court be pleased to issue a Writ of Certiorari or any appropriate Writ directing the Respondent Nos 1 to 5 to take adequate precaution so as not to damage the structures of said F and G Wing of respondent No.5 while undertaking the Demolition of the A to E Wings of respondent No. 5;

g. That pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to restrain Respondent Nos. 1 to 4 through any of its Officers and/or agents from taking any coercive steps against these Petitioners Ground Floor Shop Nos. 1 to 13 which shall be not demolished (whose list is annexed at Exhibit-"A in Colly" to this Petition) and remaining Top Floor of F and G Wing of Respondent No 5 i.e. First Floor to Fourth Floor shall be demolished by Respondent No. 1 to 5 and/or by the Petitioners at their own cost.

h. That pending the hearing and final disposal of this present Wit Petition and Respondent No 1 to 4 be allowed to demolished the remaining Top Floors of said F and G Wing of Respondent No 5 i.e. First Floor to Fourth Floor i.e. Ground Floor Shop Nos. 1 to 13 (whose list is annexed at Exhibit-"A in Colly" to this Petition) which shall be not demolished,

4. This matter was heard on 25th July, 2023 and during the hearing on 25th July, 2023. Learned Counsel for the Petitioners stated that his clients have not been provided with development agreement (for short ‘D.A.’ ) by the builder and/or the society, which has been provided to the other members of the society.

5. Today Mr. Pai while starting his argument has admitted that now his client has received a copy of the D.A.

6. Mr. Pai, Learned Counsel for the Petiti