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2025 Supreme(Bom) 555

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MANISH PITALE
Priya Construction Company – Appellant
Versus
The State Of Maharashtra, Through Department Of Housing – Respondent


Advocates Appeared:
Mr. Navroz Seervai, Senior Advocate, a/w. Mr. Santosh Pathak, Mr. Yash
Momaya, Ms. Nupur Jalan and Mr. Chirag Thakkar, i/b. Law Origin for
petitioner.
Mr. Ravi Kadam, Senior Advocate, a/w. Ms. Purnima H. Kantharia,
Government Pleader a/w. Mr. Akshay G. Patkar, AGP and Mr. Vaibhav
Bhure for respondent No.1-State.
Mr. Vijay D. Patil, Senior Counsel, a/w. Mr. Abhijit M. Patil for respondent
Nos.2 and 3-SRA.
Mr. Mustafa Doctor, Senior Counsel, a/w. Mr. Nimay Dave, Ms. Spenta
Havewala Kapadia, Ms. Sugyata Choudhary and Ms. Maithili Prabhu, i/b.
Dhaval Vussonji and Associates for respondent No.4-ACRE.
Mr. Zal Andhyarujina, Senior Counsel, a/w. Ms. Shruti Sardessai and
Ms.Avantika Kadapatti, i/b. TRD Associates for respondent No.5.
Mr. Rohaan Cama a/w. Mr. Tahir Prande, i/b. Juris Consillis for respondent
No.6.
Mr. Simil Purohit, Senior Advocate, a/w. Mr. Amar Parab, i/b. Mr. Kalpesh
Joshi Associates for respondent No.7.
Mr. Pravin Samdani, Senior Advocate, i/b. Ms. Usha S. Agarwal for
respondent No.9.
Mr. Mayur Khandeparkar a/w. Mr. Nitesh Ranawat, Ms. Disha Shetty,
Mustaqueem Bagasaria and Ms. Jyothi Tated, i/b. Wadia Ghandy and Co.
for applicant in IAL/35812/2024.
Mr. Karl Tamboly, i/b. Mr. Milind Nar for applicant/intervenor in IAL/39577/2024.

JUDGMENT :

MANISH PITALE, J.

1. The petitioner has approached this Court in the present writ petition, alleging that the manner in which the impugned minutes of decisions dated 07.10.2024 and 15.07.2024, as also the order dated 11.10.2024, have been issued by the respondents, demonstrates that the respondent-State and statutory authorities have already taken a decision to terminate the appointment of the petitioner as developer for redevelopment of a particular piece and parcel of plot, rendering a proceeding pending under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as the Act), as a mere formality, thereby violating the valuable rights vested in the petitioner. It is alleged that respondent Nos.4 to 8 have acted in concert with the said statutory authorities i.e. respondent Nos.1 to 3, to illegally benefit respondent No.9, the developer, who is sought to be brought in by the said respondents in a clandestine manner to take over the redevelopment project.

2. It is the case of the petitioner that initially, only the final minutes of decision dated 07.10.2024 were challenged in the present petition because of

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