2025:BHC-AS:44485 AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6922 OF 2021 WITH INTERIM APPLICATION NO.15703 OF 2023 AND INTERIM APPLICATION NO.14197 OF 2023

1. Smita Ambalal Patel, Aged 64 years, residing in Flat No.B-12

2. Jivneet Kaur Chadha, Aged 60 years, Flat No.A-2 ATUL GANESH KULKARNI 3. Rivjot singh Chadha, Digitally signed by ATUL GANESH KULKARNI Aged 71 years, Flat No.A-3 Date: 2025.10.14 12:19:19 +0530

4. Dr. Vijay Rohit Parekh, Aged 70 years, r/at Flat No.A-5

5. Rajesh Roshan, Aged 67 years, Flat No.A-6

6. Vibha Vijay Parekh, Aged 70 years, Flat No.A-8

7. Indu D. Errunza Aged 84 years, Flat No.A-9

8. Vihang Rajnikant Errunza, Aged 78 years, Flat A-10

9. Rajendra Shantilal Shah, Aged 74 years, Flat No.A-11 10. Dr. Dushyant Barfiwala, Aged 58 years, Flat No.A-12

11. Dr. Smruti Vikram Sanghvi, Aged 66 years, Flat No.A-14, 12. Dr. Vikram Dulerai Sanghvi, Aged 71 years, Flat Nos.A-15 & A-16

13. Ashok Santu Bhavnani, Aged 58 years, Flat Nos.B-7 & B-8, 14. Jayesh Natvarlal Barot, Aged 59 years, Flat Nos.B-13 & B-14

15. Ajit Nagindas Sheth, Aged 64 years, Flat No.B-16 Nos.1 to 15, members of the Linking Road Housing Society Limited, having its registered address at Shri Niketan, 61-B, North Avenue, Santacruz (West), Mumbai 400 054

16. The Linking Road Housing Society Limited, through it’s Administrator having its registered address at Shri Niketan, 61-B, North Avenue, Santacruz (West), Mumbai 400 054 … Petitioners V/s.

1. Deleted 2. Deleted

3. Dr. Harshad N. Pandya (deceased)

through heirs & legal representatives

3(a) Sharda Harshad Pandya

3(b) Rajendra Harshad Pandya 3(c) Dr. Pankaj Harshad Pandya having their address at B-4, Shri Niketan, 61-B, North Avenue, Santacruz (West), Mumbai 400 054

4. Gautam Vardhan, Dy. Registrar, Coop. Societies, HW Ward, Mumbai.

5. The Administrator of Linking Road Housing Society Limited, appointed by Dr. Registrar, Coop. Societies, HW Ward, Mumbai, office at The Linking Coop. Hsg. Soc. Limited, Shri Niketan, 61-B, North Avenue, Santacruz (West), Mumbai 400 054

6. The State of Maharashtra, Mumbai High Court, O.S. Side, Mumbai, Maharashtra … Respondents Mr. Anil Anturkar, Senior Advocate with Mr. Yatin Malavankar for the petitioners.

Mr. Shailesh Kanetkar with Ms. Meena Shah i/by Pandya & Co., for original respondent Nos.3a to 3c.

Ms. Kavita N. Solunke, Additional G.P. with Mr. S.L.

Babar, AGP for State.

CORAM : AMIT BORKAR, J. RESERVED ON : OCTOBER 9, 2025 DATED : OCTOBER 14, 2025 JUDGMENT.:

1. By this writ petition under Article 227 of the Constitution of India, the petitioners challenge the Judgment and Order dated 30 December 2020 passed by the Cooperative Appellate Court in Appeal No.79 of 2018. The Appellate Court confirmed the Judgment and Award passed in Dispute Nos.410 and 411 of 2014, allowing the claim of the respondent-disputant.

2. The relevant facts leading to the filing of this writ petition are as follows. The original disputant, late Dr. Harshad Pandya, was a founder member of the society and owner of Flat No.B-4. After his death during the pendency of the dispute, his legal heirs were brought on record as disputants. The society owns two buildings, “A” Wing and “B” Wing, comprising 16 and 20 flats respectively, having 30 members in all.

3. The case of the disputants is that in 1977, the Municipal Corporation of Greater Mumbai acquired a portion of the society’s land. In lieu of the setback area used, the Corporation granted additional FSI of 1500 sq. ft. to the society. The society held meetings to consider the use of this FSI. In the Annual General Meeting held on 10 June 1988, the society resolved to utilize the FSI for constructing a bungalow within the society’s premises. By notice dated 15 March 1988, the office bearers invited tenders with an earnest deposit of Rs.5,000 to be submitted by 1 April 1988. Both members and outsiders submitted tenders. The managing committee opened the tenders on 24 April 1988. The deceased disputant was the highest b