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HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE SHRI JUSTICE GAUTAM A. ANKHAD
HARESH MANOHAR KENI – Appellant
Versus
STATE OF MAHARASHTRA AND ORS – Respondent
JUDGMENT :
1. Mr. Pravin Samdani, the learned senior counsel for the respondent-Developer in Writ Petition No.6746 of 2024 has concluded his arguments. Mr. Vijay Kumar Aggarwal, the learned counsel for the respondent no.5-CREDAI-Banm-Raigad Welfare Association adopted the arguments advanced by Mr. Pravin Samdani, the learned senior counsel for the respondent-Developer. Mr. Anil Sakhare, the learned senior counsel for the petitioner in Writ Petition (St) No.31132 of 2025 made his submissions.
2. In rejoinder, Mr. Mayur Khandeparkar, the learned counsel for the petitioner in Writ Petition No.6746 of 2024 made his brief submissions.
3. The learned counsels for all the parties have concluded their arguments.
4. The judgment is reserved.
The court underscored the importance of balancing developer interests with regulatory compliance in assessing development proposals.
The judgment addresses the principles of natural justice and compliance with administrative protocols in matters affecting private property rights.
Concessions made by counsel without client authority can jeopardize client rights, and such concessions may be grounds for reviewing court orders.
The High Court emphasized the need for substantial justice over procedural technicalities, affirming that delay in producing documents should not bar justice if they are essential for adjudication.
The court emphasized the importance of timely decision-making by the development authority and the need for all stakeholders to be heard before reaching a decision.
The Court emphasized that the High Court should not entertain a writ petition when an effective alternate remedy is available to the aggrieved person, unless exceptional circumstances exist.
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