P V R R I A L 2 A N A S E S H 0 AN 2 T DsPV D21+ 6i 09 RI i a g 0 L g 2: t An 52 i A e6 t 3 eS 0 : a S . :d 0 H 0: l 0 1 R bA y 3. A ByN 2 N 8 TE HC-OS:2436-DB WPL-19246-25RESERVED.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO. 19246 OF 2025 Andheri P.M.G.P. Colony Co-op.Hsg. Societies Association Ltd. ...Petitioners VS

1. State of Maharashtzra.

2. Mumbai Housing and Area Development Board

3. Maharashtra Housing and Area Development Authority, 4. Shreepati Real Ventures Pvt. Ltd.

5. B. G. Shirke Construction Techno Pvt. Ltd. ...Respondents __________

Mr. Anil Sakhare, Senior Advocate with Mr. Chaitanya R. Kulkarni with Mr. Hrutik Chavan and Ms. Sneha Tewari i/b. Mr. Chaitanya R. Kulkarni, for Petitioners.

Mr. P.G. Lad with Ms. Sayali Apte, for the MHADA.

Ms. P. H. Kantharia, Govt. Pleader with Mr. Akshay Patakar, AGP for the State.

Mr. Abhijeet Joshi with Mr. Onkar Joshi, for Respondent No4..

Mr. Kunal Mehta with Mr. Madhur Surana, Ms. Prangana Barua, Ms. Vyoma Joshi i/b. Crawford Bayley & Co., for Respondent No.5.

__________

CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

RESERVED ON : 22 JANUARY 2026.

PRONOUNCED ON : 28 JANUARY 2026 JUDGMENT (Per G. S. Kulkarni, J.).

1. Rule returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2. This petition concerns subject matter of the redevelopment of 17 buildings belonging to the Maharashtra Housing Area Development Authority (for short, “the MHADA”). In respect of such redevelopment, the Housing Department of the Government of Maharashtra issued a communication dated

28 May 2025 inter alia permitting redevelopment of the said 17 buildings, subject to a condition that each of the co-operative societies of the said 17 buildings shall pass a resolution granting its no objection for redevelopment, as contemplated under Clause 7(b) of Regulation 33(5) of the Development Control & Promotion Regulations, 2034 (for short “DCPR 2034”). By the impugned communication dated 30 May 2025, the State Government has deleted/waived the said condition requiring a prior No Objection Certificate from the 17 societies, considering the facts and circumstances of the present case. At the outset, the said impugned communication is required to be noted which reads thus:-

“(Translation of a photocopy of a Corrigendum, typewritten in Marathi.)

GOVERNMENT OF MAHARASHTRA HOUSING DEPARTMENT

3 rd Floor, Madam Cama Road, Hutatma Rajguru Chowk, Mantralaya (Main Building), Mumbai 400032.

E-mail:- gnp-housing@mah.gov.in Telephone No. 022-22793696 No. Miscellaneous-2019/M. No.19/Hsg. Date:- 30^th May, 2025.

To, The Vice President and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Bandra (East), Mumbai – 51.

Subject :- Regarding redevelopment of total 17 buildings viz.

Buildings Nos. 1 to 17 situated on the plots of land bearing C. S. Nos. 175 (Part), 193 (Part) S. No.

42 Hissa No. 3 at Poonam Nagar, P. M. G. P.

Colony, Village-Majas, Andheri (E.).

References:- 1) Government Letter bearing Even Number dated 28.05.2025.

2) Letter dated 29.05.2025 from the Vice-President, MHADA.

Respected Sir, As per the request made by your Letter referred to hereinabove, you are hereby informed to exclude the condition viz. “to obtain resolutions granting consent from all the Co-operative Housing Societies as per the provisions of Regulation No. 7 (b) of 33 (5) of the Development Control and Promotion Regulations, 2034 as mentioned in the Government Letter referred to hereinabove at Sr. No.

1, in the case of only this redevelopment project of the buildings i.e. Buildings Nos. 1 to 17 in MHADA Colony, situated at P. M. G. P. Colony, Poonam Nagar, Meghwadi, Jogeshwari (East), under the subject.

Yours faithfully, Pramod Pandit Desk Officer, Government of Maharashtra.”

Factual Matrix:

3. The petitioner contends that it is an association of 17 co-operative housing societies which are formed by the cooperative societies of each of these 17 buildings, which we