IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2174 OF 2024

1. Snehdeep Krida Mandal, ]

a trust registered under the ] Bombay Public Trsut Act, 1950 ] BEARING register No. F-40744 ] having address at 15, ] Bhatwadi Hill Seva mandal, 1^st ] floor, Ghatkopar (W) Mumbai ] 400084 through its chairman ] Pravin Krishna Bandivdekar. ]

2. Ganesh Narayan Smant, ]

age 50 years, Occ. Business ] residing at ½ Kranti Seva ] Mandal Chawl, Bhatwadi ] Ghatkoper (W), ]

Mumbai 400084.

3. Ganesh Harishchandra Sankpal, ]

residing at Gurav Chawl, ] Room No.13, Hanuman ] Nagar, Bhatwadi Ghatkopar ] (W) Mumbai 400084. ]

4. Maidan Bachav Samiti, ]

near Siddhi Ganesh Temple, R B ] Kadam Road, Bhatwadi, ] Ghatkopar (W) Mumbai ] 400084 through its secretary, ]

Ganesh Samant ] ...Petitioners.

V/s Digitally 1. Maharashtra Housing & Area ]

signed by SUMEDH S N U A M M E D D E H O N SO A N M A D W E A O NE Development Authority, Grih ]

SONAWANEDate:

2025.04.19

11:04:52 Nirman Bhavan, Bandra (E), ]

+0530 Mumbai 400 050. ]

2. Municipal Corporation of ]

Greater Mumbai having its ] office at Municipal ]

Corporation Building, P M ] Road, Mumbai 400001. ]

3. Akhil Bhatwadi Sarvajanik ]

Utsav Mandal, a Public Trust ] registered under the Bombay ] Public Trust Act 1950, and also ] a society registered under the ] societies Registration Act ] having office at Shree Siddhi ] Ganesh Mandir, Bhatwadi, ]

Ghatkopar (E) Mumbai 400084. ] ...Respondents.

Mr. Akshay Patil a/w. Adv. Devika Madekar, Adv. Mayur Thorat i/by Adv.

Sameer K. Sawant, for the Petitioners.

Mr. P. G. Lad a/w. Adv. Sayli Apte, Adv. Shreya Shah for Respondent No.1-

MHADA.

Mr. Chaitanya Chavan a/w. Adv. Smita Tondwalkar, Adv. Rahul Rathod i/by Adv. Komal Punjabi for Respondent NO.2-BMC.

Mr. Viraj Parikh a/w. Adv. Tejas S. Mahamuni i/by Adv. S.G. Mahamuni for Respondent No.3 Mr. Vijaykumar Wagh, Asst. Engineer (B&F) ‘N’ Ward, present.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

RESERVED ON : 12^th March, 2025.

PRONOUNCED ON : 17^th April, 2025.

JUDGMENT (Per Kamal Khata, J.):-

1) This Petition under Article 226 of the Constitution of India is filed to challenge the arbitrary, capricious and patently illegal actions and omissions of Maharashtra Housing and Area Development Authority (MHADA)-Respondent No. 1 and Respondent No.2-BMC, regarding plot of land admeasuring 585 sq.mtrs. that is a part of Cadastral Survey No.68A in Survey No.24, Hissa No.4(p) and 6(p) of Village Kirol, Ghatkopar (West), Mumbai 400084 (writ plot) permitting construction of a purported community hall on the large chunk of land, that was reserved as open space for playground (ROS 1.4) under Development Control and Promotion Regulation, 2034 (“DCPR”). The Petitioners are aggrieved as the authorities are depriving the residents of open space in the crowded area of Ghatkopar, Mumbai despite the reservation as open space for playground on the writ plot.

2) Heard Mr. Akshay Patil, learned Advocate for the Petitioner; Mr. P.G. Lad, learned Advocate for Respondent No.1-MHADA; Mr. Chaitanya Chavan, learned Advocate for Respondent No.2-BMC and Mr. Viraj Parikh, learned Advocate for Respondent No.3. Perusal entire record and the Affidavits in replies filed by the Respondents.

BRIEF FACTS:

3) Respondent No.3-Trust was registered in the year 1977 for celebrating Ganesh festival. A Ganesh Mandir was constructed on the writ plot and the balance open area was used for sports, religious programs, political meetings, social activities and recreational activities for senior citizens.

3.1) Apparently, in 1994, Respondent No.3-Trust had illegally constructed ground + upper floor structure admeasuring 90 sq. mtrs. which was let out on rent for small functions like engagement, naming ceremony etc. Thereafter, sometime in December 2023, Respondent No.3-Trust demolished the structure and started constructing new structure. A hoarding put up on the writ plot claimed that through the financial aid from the Member of Parliament (‘MP’) a ‘community hal