2024:BHC-AS:44798 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 406 OF 2018 ALJ Residency Co-operative Housing Society ] Ltd., A Society registered under the provisions of ] the Maharashtra Co-operative Societies Act, ] 1960 Having address at Pali Mala Road, ]

Pali Naka, Bandra (W), Mumbai 400 050. ] …Petitioner.

Versus

1. The State of Maharashtra Mumbai ] 2. The District Deputy Registrar of ]

Co-operative Societies (3) Mumbai having ] its ofÏce MHADA building Ground Floor, ] Bandra (East) Mumbai – 400 051. ]

3. Mr. Ebrahim Abdullah Khan ]

Residing at Flat No. 101, 1^st Floor ] Sincliar CHS. Ltd., Near Carmel School ] Hill Road, Bandra (W) Mumbai-50. ]

4. Mr. Abdul Rehman Khan ]

Age Adult, Indian Inhabitain ] Residing At Flat No.102, 1^st Floor ] Lovely Heven CHS.Ltd., Opposite Punjabi ] Sweets, Hill Pali Road, Bandra (W), ] Mumbai- 40050 ]

5. Mrs. Zubaida Mukarab Khan [Deleted] ] 6. Mr. Majhar Mukarab Khan ] 7. Mr.Afsar Mukarab Khan ] 8. Ms.Fayyaz Mukarab Khan ] 9. Mr.Ayaz Mukarab Khan ] 10. Mr. Elyas Mukarab Khan ] 11. Mr. Riyza Mukarab Khan ] 12. Mrs.Feroza Salim Khan ] 13. Mrs. Hafeeza Danish Ansari ]

All having address at Flat No. 301, 302, 303 ] 3^rd Floor, Plot No.49/C, Pali Naka Junction, ] Bandra (West), Mumbai-400 050 ]

14. Mrs. Bhauri Y. Khan ] 15. Mrs. Hamida A. Khan ] 16. Mrs. Kamru Lal Khan ] 17. Mrs. Mehar Banoo A. Khan ]

14 to 17 having address at Plot No.200, ] Sanjay Nagar D Joshi Marg, Jhotwara, ] Jaipur ] Mr Abdul Sattar Khan (since deceased) ] Through his legal heirs ]

18. Mrs. Jameela Abdul Sattar Khan ] 19. Mr. Ibrar Abdul Sattar Khan ] 20. Mr.Ishrar Abdul Sattar Khan ] 21 Mr. Farhan Abdul Sattar Khan ]

18 to 21 residing at Flat No.B/201/202, 2^nd ] Floor Pionner Heritage Residency II ] Opposite Sane Guruji School, Santacruz (W), ] Mumbai 400 054 ]

22. M/s. Bhati Homes Pvt. Ltd. ]

A company incorporated under the ] Companies Act, 1956 having its registered ] ofÏce at Accost, 151, Pali Road, Bandra (W), ]

Mumbai 400 050 ] ...Respondents.

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Mr. Mayur Khandeparkar, Mr. Tushar Gujjar and Mr. Deep Madnanai i/b SL Partners for the Petitioner.

Ms. A. A. Nadkarni, AGP for the Respondent-State.

Mr. Jay yadav i/b J. R. Vakil & Associates for the Respondent No. 3.

Mr. C. K. Tripathi and Ms. Induprakash Tripathi for the Respondent No. 6.

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Coram : Sharmila U. Deshmukh, J. Reserved on : November 21, 2024 Pronounced on : November 25, 2024.

Judgment :

1. Rule. With Consent, Rule made returnable forthwith and taken up for final disposal.

2. By this petition filed under Article 227 of the Constitution of India, the order dated 30^th January 2017 passed by the Competent Authority – District Deputy Registrar Co-operative Societies, Mumbai in Application No.72 of 2016 filed under Section 11(3) of Maharashtra Ownership of Flats (Regulation of Promotion of Construction of sale, Management and Transfer) Act, 1963 [for short “MOFA”] dismissing the application is assailed.

3. Briefly stated, facts of the case are that the Petitioner-Society has been constructed on land bearing CTS No.C/873, C/874, C/875, C/884 and C/885 admeasuring 1284.29 sq mtrs. situated at Pali Mala Road, Pali Naka, Bandra West, Mumbai – 400 050. The subject property was owned by one Abdulla Khan Jamruddin Khan who expired on 9^th December 1976. In the year 1980, an application for grant of Letters of Administration was allowed by the High Court and the Respondent No. 3 was granted Letters of Administration to administer the estate of Late Abdulla Khan Jamruddin Khan. On 19^th March 1993, an agreement came to be executed between the Respondent No.3–Administrator, with the consent of other legal heirs, and the Respondent No.22– Developer for the purchase and development of subject property. Intimation of Disapproval [IoD] was issued by the planning authority on 4th August 1994 and the commencement certificate was issued on 2nd April 1998. Subsequently, the Petitioner-Society came to be constructed and the Respondent No.22 entered into MOFA