NEW HANUMAN NAGAR SRA CO OPERATIVE HOUSING SOCIETY LTD. AND ANOTHER vs APEX GRIEVANCE REDRESSAL COMMITTEE AND 6 OTHERS

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2024 Supreme(Online)(Bom) 3216

HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
NEW HANUMAN NAGAR SRA CO OPERATIVE HOUSING SOCIETY LTD. AND ANOTHER – Appellant
Versus
APEX GRIEVANCE REDRESSAL COMMITTEE AND 6 OTHERS – Respondent

Mr. Mayur Khandeparkar a/w. Mr. Yashesh Kamdar and Ms. Riddhi Wagle i/by Vishal Shriyan, Advocates for Petitioners. Mr. Abhijit Patil a/w. Mr. Vijay Patil, Advocates for Respondent No.1 - AGRC. Mr. Sandesh Patil a/w. Mr. Prithviraj Gole, Advocates for Respondent Nos.2 and 3 – SRA. Mr. Rahul Raut a/w. Ms. Aishwarya Dangle, Advocates for Respondent Nos.4 and 5. Mr. Sharan Jagtiani, Senior Advocate a/w. Mr. Shanay Shah, Ms. Shradha Achliya and Ms. Neha Achliya i/by Sapna Rachure, Advocates for Respondent No.6. Mr. Laxmikant Satelkar, AGP for Respondent No.7 – State.

JUDGMENT:

1. By consent, the present Writ Petition is heard finally.

2. This Writ Petition is filed under Article 226 of the Constitution of India taking exception to the order dated 11.07.2022 passed by the Respondent No.1 - AGRC at Exhibit “5” - page No.538 (for short “impugned order”) reinstating the appointment of Respondent No.6 - Developer for development of the Slum Rehabilitation Scheme (for short “SR Scheme”) and issues several directions for issuance of LOI, permissions, OC for rehab tenements etc. for implementation and completion of the SR Scheme of the Petitioner No.1 - Society. Though various grounds have been urged / pleaded which I will advert to later, unless the relevant facts pertaining to implementation of the SR Scheme of Petitioner No.1 – Society are noted, it would not be possible to adjudicate and determine the lis raised by the Petitioners.

3. Such of the relevant facts which are absolutely necessary for determining the lis are outlined hereinunder:-

3.1. Petitioner No.1 - Society namely New Hanuman Nagar SRA CHS having its registered address at CTS No.1084A – admeasuring 2563 sq. mtrs. situated at Near Hanuman Temple of Carter Road, Khar Danda, Khar (W), Villa

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2024 Supreme(Online)(Bom) 3216

HIGH COURT OF BOMBAYMILIND N. JADHAV, JNEW HANUMAN NAGAR SRA CO OPERATIVE HOUSING SOCIETY LTD. AND ANOTHER – AppellantVersusAPEX GRIEVANCE REDRESSAL COMMITTEE AND 6 OTHERS – Respondent

HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
NEW HANUMAN NAGAR SRA CO OPERATIVE HOUSING SOCIETY LTD. AND ANOTHER – Appellant
Versus
APEX GRIEVANCE REDRESSAL COMMITTEE AND 6 OTHERS – Respondent