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2025 Supreme(Online)(Bom) 351906

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


CIVIL APPELLATE JURISDICTION


WRIT PETITION NO.813 OF 2024

1. Lakhani’s Blue Waves Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 161,

Sector 9, Ulwe Taluka Panvel,

Dist. Raigad.

2. Ami’s Planet Mercury Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 163,

Sector 9, Ulwe Taluka Panvel,

Dist. Raigad,

Navi Mumbai 410 206 ] ...Petitioners.

V/s

1. The Chairman, CIDCO,

CIDCO Bhavan CBD-Belapur

Navi Mumbai – 400 614.

2. Executive Engineer (Ulwe-II)

CIDCO Nodal Office, 1st Floor, Commercials

Complex, Sector 19A, Ulwe Navi Mumbai

3. Chief, CIDCO CUC (Controller of

Unauthorized Constructions)

CIDCO Nodal Office, 1st floor, Commercials

Complex, Sector 19A, Ulwe Navi Mumbai.

4. The State of Maharashtra

Through Deputy Commissioner of Police

Zone 2 Navi Mumbai.

5. The Senior Inspector of Police

Nhava Sheva Police Station

Navi Mumbai. ] ...Respondents.

WITH

INTERIM APPLICATION NO.3040 OF 2025

WITH

WRIT PETITION NO.813 OF 2024

Residents of Village Kopar

Through

1. Vaibhav Tulshidas Gharat

Age:- 36 years, Occ.

2. Sudhir Tusiram Thakur

Age:- 52 years, Occ.

3. Suhas Madhukar Deshmukh

Age:- 55 years, Occ.

Residing at Kopar Post Gavhan,

Tal. Panvel, Dist. Raigad ] ...Applicants.

IN THE MATTER BETWEEN

1. Lakhani’s Blue Waves Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 161,

Sector 9, Ulwe, Taluka Panvel,

District Raigad - 410206.

2. Ami’s Planet Mercury Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 163,

Sector 9, Ulwe, Taluka Panvel,

District Raigad - 410206 ] ...Petitioners.

V/s

1. The Chairman, CIDCO,

CIDCO Bhavan CBD-Belapur

Navi Mumbai – 400 614.

2. Executive Engineer (Ulwe-II)

CIDCO Nodal Office, 1st Floor,

Commercials Complex, Sector 19A,

Ulwe, Navi Mumbai

3. Chief, CIDCO CUC (Controller of

Unauthorized Constructions)

CIDCO Nodal Office, 1st floor,

Commercials Complex, Sector 19A,

Ulwe, Navi Mumbai.

4. The State of Maharashtra

Through Deputy Commissioner of

Police Nhava Sheva Police Station

Navi Mumbai

5. The Senior Inspector of Police

Nhava Sheva Police Station,

Navi Mumbai. ] ...Respondents.

INTERIM APPLICATION NO.13795 OF 2024

WITH

WRIT PETITION NO.813 OF 2024

1. N.D. Garden Co-operative Housing

Society Ltd.

Through its authorized signatory

Having its Office at Plot No. 171,

Sector, 9, Ulwe Tal. Panvel, Dist. Raigad.

Navi Mumbai – 410206.

2. Sai Fortune Co-operative Housing

Society Ltd.

Through its authorized signatory

Having its Office at Plot No. 15,

Sector 8, Ulwe, Tal. Panvel Dist. Raigad,

Navi Mumbai – 410206. ] ...Applicants.

IN THE MATTER BETWEEN

1. Lakhani’s Blue Waves Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 161,

Sector 9, Ulwe, Taluka Panvel,

Dist. Raigad.

2. Ami’s Planet Mercury Co-operative

Housing Society Ltd.

Through its Authorized Signatory

Having its Office at Plot No. 161,

Sector 9, Ulwe, Taluka Panvel,

Dist. Raigad , Navi Mumbai – 410206. ] ...Petitioners.

V/s

1. The Chairman, CIDCO,

CIDCO Bhavan CBD-Belapur

Navi Mumbai – 400 614.

2. Executive Engineer (Ulwe-II)

CIDCO Nodal Office, 1st Floor,

Commercials Complex, Sector 19A,

Ulwe, Navi Mumbai

3. Chief, CIDCO CUC (Controller of

Unauthorized Constructions)

CIDCO Nodal Office, 1st floor,

Commercials Complex, Sector 19A,

Ulwe, Navi Mumbai.

4. The State of Maharashtra

Through Deputy Commissioner of

Police Nhava Sheva Police Station

Navi Mumbai

5. The Senior Inspector of Police

Nhava Sheva Police Station,

Navi Mumbai. ] ...Respondents.

Mr. Ashok T. Gade a/w. Adv. Riya John for the Petitioners.

Mr. Nitin Gangal a/w. Adv. Prapti Karkeja for the Applicants in

IA/13795/2024.

Mr. Sachindra B. Shetye for the Applicants in IA/3040/2025.

Mr. Sameer Patil for Respondent Nos.1 to 3 in WP/813/2024.

Mr. A.A. Alaspurkar, AGP, for Respondent Nos.4 & 5-State.

CORAM : A. S. GADKARI AND

KAMAL KHATA, JJ.

RESERVED ON : 5th March, 2025.

PRONOUNCED ON : 28th March, 2025.

JUDGMENT (Per Kamal Khata, J

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