IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2052 OF 2009 WITH NOTICE OF MOTION NO. 200 OF 2010 Salsette Catholic Co-operative Housing Society Ltd. ….Petitioner : Versus :

Municipal Corporation of Greater Mumbai & Ors. ….Respondents ALONGWITH CONTEMPT PETITION NO. 85 OF 2012 WITH INTERIM APPLICATION (L) NO. 35451 OF 2024 (FOR AMENDMENT)

The Salsette Catholic Co-operative Housing Society Ltd. ….Petitioner : Versus :

Maria Anne De Penha & Ors. ….Respondents Mr. G. S. Hegde, Senior Advocate with Mr. Clive D’souza, for the Petitioner.

Ms. Oorja Dhond i/b Ms. Komal R. Punjabi, for MCGM, Respondent No. 1. Mr. G. S. Godbole, Senior Advocate i/b Ms. Shruti Tulpule, for Respondent No. 7 in Contempt Petition No. 85 of 2012 Mr. Rumi Mirza with Mr. Kaushal Thakker i/b Ms. Neha Bhide, for Respondent No.6.

CORAM : ALOK ARADHE, CJ. &

SANDEEP V. MARNE, J.

Reserved on : 14 AUGUST 2025 Pronounced on : 22 AUGUST 2025 JUDGMENT: (Per Sandeep V. Marne, J.)

1) Contempt Petition No. 85 of 2012 is not on Board. With the consent of the learned counsel appearing for rival parties, Contempt Petition No. 85 of 2012 is taken on board and heard alongwith Writ Petition No. 2052 of 2009.

2) The Petitioner-Society has filed the present petition seeking a direction against the Respondent-Municipal Corporation to stop construction of additional floors over and above the 5^th floor of Wing-B of the concerned building, with further direction for demolition of the additional floors. The petition also seeks to restrain the Municipal Corporation from issuing Occupancy Certificate in respect of the concerned construction till demolition of construction over and above 5^th floor of Wing-B building. The Petitioner has also challenged the No Objection Certificate (NOC) granted by the Municipal Corporation for utilization of outside Transferable Development Rights (TDR), vide Development Rights Certificate (DRC) No. 031235 issued on 13 November 2007.

3) Brief facts leading to filing of the present petition are that the Petitioner is a Co-operative Housing Society registered under the provisions of Bombay Co-operative Societies Act, 1912 and deemed to have been registered under provisions of Maharashtra Co-operative Societies Act, 1960, which carries the trade inter alia of building and of buying, selling, hiring and developing land in accordance with co-operative principles. By Indenture of Lease dated 25 August 1933, Petitioner-Society granted lease in respect of land bearing Plot No. 173 of Society’s Estate Plan No. I bearing C.T.S. No. C/581 admeasuring 801.80 sq. mtrs. situated at the Junction of St. Cyril Road and St. John Road, Bandra (West), Mumbai 400 050 (the Plot) for the period of 998 years commencing from 1 April 1927 in favour of the trustees of the estate of Gasper Gonsalves. According to the Petitioners, the lease was subject to the condition of non-construction of any structure without express permission of the society and strictly in accordance with plans sanctioned and specifications previously obtained from the society. It appears that several transactions of transfer and inheritance have occurred after grant of the original lease, with the consent of the Petitioner- Society, as a result of which, Respondent Nos. 2 to 5 became lessees of the Plot. By Development Agreement dated 22 August 2003, Respondent Nos. 2 to 5 granted Development Rights in respect of the subject plot in favour of Respondent No. 6. Under the Development Agreement, Respondent No. 6 was granted right to construct new residential building having two wings, Wing-A admeasuring 348.94 sq. mtrs. consisting of two and half stilts and two and half upper stories and Wing-B consisting of stilts and upper stories as sanctioned by the Petitioner-Society and concerned authorities. Respondent No. 6 executed an undertaking in favour of the Petitioner for adhering to the rules and regulations laid down for development of plots in Petitioner’s Kantwadi Scheme