GORAI SHRI SHIV SHANKAR CO-OPERATIVE HOUSING SOCIETY LTD. AND ANR. vs. MUMBAI HOUSING AREA DEVELOPMENT AUTHORITY AND 3 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1334 OF 2019
WITH
INTERIM APPLICATION NO.2069 OF 2021
1 Shivaji Nagar Rahivashi Co-operative )
Housing Society Limited, )
a society registered under the provisions )
of the Maharashtra Co-operative Societies )
Act, 1960 bearing registration no. 1373/2004)
having its registered address at )
at G-4, Shivaji Nagar, D. G. Mahajani Path )
Sewree, Mumbai – 400 015 )
2 Coventry Properties Private Limited, )
a company incorporated under the )
provisions of the Companies Act, 1956 )
and having its registered office at )
70, Nagindas Master Road, Fort, )
Mumbai - 400 023. ) .… Petitioners
Versus
1 The State of Maharashtra, )
through the Urban Development )
Department, having its office at )
Mantralya, Mumbai – 400032. )
2 The Municipal Corporation of Greater )
Mumbai, a statutory corporation established )
and constituted under the provisions of the )
Mumbai Municipal Corporation Act, 1888 )
having its office at Mahanagarpalika )
Building, Mumbai Mahanagarpalika Marg, )
Mumbai - 400 001. ) …. Respondents
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WITH
WRIT PETITION (L) NO. 17580 OF 2022
1 Basant Vihar Co-operative Housing Society)
Limited, )
A Co-operative Housing Society )
Registered under the provisions of the )
Maharashtra Co-operative Societies Act, )
1960, having its address at )
Plot no. 162/2, and Old Plot No. 364 )
And 363 Pt. of SS Scheme, Chembur, )
Mumbai 400 071 )
2 M/s. Mahavir Enterprises )
A partnership firm duly registered under )
The Provisions of the Indian Partnership )
Act, 1932, having its office at )
5, Saras Baug, S.T. Road, Deonar, )
Mumbai 400 088 )
3 Mr. Kiran M. Shah )
Adult Inhabitant, Partner of )
M/s. Mahavir Enterprises having his )
Office at 5, Saras Baug, S.T. Road, )
Deonar Mumbai 400 088 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Urban Development Department, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 The Collector, Mumbai suburban District )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
3 Municipal Corporation of Greater Mumbai )
Through its Legal Department, Mahapalika )
Bhavan, CST, Mumbai 400 001 )
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4 Sub Engineer, Building Proposals, E.S. )
Municipal Corporation of Greater Mumbai )
Near Raj Legacy, Paper Mill Compound )
L.B.S. Marg, Vikhroli (West), Mumbai 400 083) .... Respondents
WITH
WRIT PETITION NO.2038 OF 2016
1. M/s.Neumec Infrastructure LLP )
a Limited Liability Partnership )
incorporated under the provisions of )
the Limited Liability Partnership Act,)
2008 and having its registered office )
at 807/808, Hubtown Solaris, )
B Wing, N.S.Phadke Marg, )
Opp. Telli Galli, Near Regency Hotel,)
Andheri East, Mumbai – 400 069 )
2. Abhay Chandak, )
of Mumbai adult Indian Inhabitant, )
Partner of the Petitioner No.1 having )
his office 807/808, Hubtwon Solaris, )
B Wing, N.S.Phadke Marg, )
Opp. Telli Galli, Near Regency Hotel,)
Andheri (East), Mumbai – 400 069 ) …. Petitioners
V/s.

1. State of Maharashtra, )
Through its Urban Development )
Department, Mantralaya, Mumbai )
2. Municipal Corporation of Greater )
Mumbai, )
Through the Municipal Commissioner,)
Head Office, Opp.Azad Maidan, )
Mumbai – 400 001 )
3. Mumbai Housing and Area )
Development Authority, )
(MHADA) a local authority having )
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its office at Griha Nirman Bhavan, )
Kalanagar, Bandra (East), )
Mumbai – 400 051 ) ….. Respondents
WITH
WRIT PETITION NO. 1360 OF 2021
D. N. Nagar Mangalmurti Co-operative )
Housing Society Limited, a Co-operative )
housing society registered under the, )
Provisions of the Maharashtra Co-operative, )
Society Act, 1960 bearing registration )
no. MUM/MHADB/W-KP/HSG/(TC)/10787)
of 2000-2001 dated 05-06-2000 and having )
its registered office at Building No. 2, D. N. )
Nagar, Andheri (West), Mumbai- 400 053. ) .... Petitioner
Versus
1 Mumbai Housing Area Development Authority)
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051 )
2 Vice President & Chief Executive Officer )
Mumbai Housing Area Development )
Authority having his address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
3 Building Permission Cell, Greater Mumbai )
Mumbai Housing Area Development )
Authority, through Executive Engineer )
(B.P.Cell)an officer of Respondent No.1 )
having his office address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
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4 PLATINUM AASHIANA LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
801 & 802, Peninsula Heights, )
C. D. Barfiwala Marg, Juhu Lane, )
Andheri- West, Mumbai- 400 058. )
5 The State of Maharashtra, )
Through its Urban Development Department)
Mantralaya, Mumbai ) .... Respondents
WITH
WRIT PETITION NO. 138 OF 2022
1 Moongipa Realty Pvt. Ltd. )
(Formerly known as Axayraj Buildwell Pvt. )
Ltd. having its corporate office at )
203/204, Raigad Darshan, J.P. Road, )
Opp. Indian Oil Colony, Andheri West, )
Mumbai – 400053. )
2 Rajesh B. Agarwal )
Director of Moongipa Realty Pvt. Ltd. )
Adult, Mumbai Indian Inhabitant, )
having his office at 203/204, Raigad Darshan)
J.P. Road, Opp. Indian Oil Colony, )
Andheri West, Mumbai – 400053. ) ....Petitioners
Versus
1 Maharashtra Housing & Area Development )
Authority, a Statutory authority, )
Constituted under the provisions of )
Maharashtra Housing & Area Development )
Act, 1976, having its office at )
GrihaNirman Bhavan, Bandra (East), )
Mumbai – 400051. )
2 Vice President, )
Maharashtra Housing & Area Development )
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WITH
WRIT PETITION (L) NO. 704 OF 2022
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1 PLATINUM CORP URBAN DEVELOPERS)
LLP )
A limited liability partnership registered )
under the provisions of the Limited Liability)
Partnership Act, 2005 having its address at )
901, Peninsula Heights, Juhu Lane, )
Andheri (W), Mumbai 400 058 ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA)
DEVELOPMENT AUTHORITY, )
A Body corporate established under )
Section 3 of the Maharashtra Housing and )
Area Development Act 1976, having its )
address at Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), )
GREATER MUMBAI )
An officer of Respondent No.1 having )
his office address at 4th floor, )
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
3 D. N. NAGAR ABHINAV SAHYADRI )
CO-OPERATIVE HOUSING S TATE )
EXECUTIVE ENGINEER, S OCIETY )
LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960, having its address at building no.14,)
D.N. Nagar, Andheri West, Mumbai 400 053.)
4 D. N. NAGAR SHREE PADMALAYA )
CO-OPERATIVE HOUSING SOCIETY )
LIMITED )
A co-operative housing society incorporated )
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under the Maharashtra Co-operative Societies)
Act, 1960 having its address at office building)
no. 6, D.N. Nagar, Andheri West, )
Mumbai 400 053. ) .... Respondents

WITH
WRIT PETITION (L) NO. 998 OF 2022
SANDHYA KSHITIJ BUILDERS PRIVATE)
LIMITED )
A Company incorporated under the provisions)
of the Companies Act, 1956 and deemed to )
have been registered under the Companies Act,)
2013, having its address at Sanyukta Bunglow,)
Plot No. 153-158, RSC1A, Gorai I, Borivali )
(West), Mumbai – 400 0091 )
VERSUS
1 THE MAHARASHTRA HOUSING AREA)
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
Greater Mumbai, MHADA, Bandra (East), )
Mumbai – 400 51. )
3 CHARKOP JEEVAN MANGAL )
CO-OPERATIVE HOUSING SOCIETY )
LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Plot No. 233,)
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RDP-5, Sector -3, Charkop, Kandivali (West),)
Mumbai – 400 067. )
4 CHARKOP PRIYANKA CO-OPERATIVE )
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Plot No. 235,)
RDP-5, Sector-3, Charkop, Kandivali (West),)
Mumbai –4000 067. ) … Respondents
WITH
WRIT PETITION (L) NO. 7180 OF 2022
1 KEYSTONE REALTORS PRIVATE )
LIMITED )
A company registered under the provisions )
of the Companies Act, 1956 and deemed to )
have been registered under the Companies )
Act, 2013 having its address at 702, Natraj, )
M.V. Road Junction, Western Express Highway,)
Andheri (East), Mumbai – 400 069 )
Versus
1 THE MAHARASHTRA HOUS THE EXECUTIVE
ENGINEER ING AREA)
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra (East)
Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), GREATER )
MUMBAI, )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400051.)
3 THE MIG CO-OPERATIVE HOUSING )
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SOCIETY (Bandra East) Group IV Limited )
A co-operative housing society incorporated )
under the Maharashtra Co-operative )
Societies Act, 1960 having its address at )
Gandhi Nagar, MIG Colony, Bandra (East), )
Mumbai- 400 051. )
WITH
WRIT PETITION (L) NO. 2816 OF 2022
1 The Versova Andheri Hardik Cooperative )
Housing Society Limited )
Registered under provisions of )
The Maharashtra Co-Operative Societies Act,
1960, Having its address at: )
Plot No. AD-98 CTS No. 1374, B B/37, (pt), )
Survey No. 120 of Village Versova, SVP )
Nagar at MHADA Layout, Andheri West, )
Mumbai – 400 053. )
Through its Constituted Attorney )
PSC Realtors Private Limited. )
Through its Authorized officer/Signatory )
Vikas Prabhakar Joshi )
Age 57yrs., Occ: Service )
Having Regd. Office at: 101, Somnath, )
Ram Mandir Road, Vile Parle (E) )
Mumbai 400057 ) …. Petitioner
V/s.

1 The Maharashtra Housing Area and )
Development Authority, )
A Body Corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act, 1976 )
Having its Office at: )
Grihanirman Bhavan, Kala Nagar, )
Bandra (E), Mumbai – 400 051 )
2 The Executive Engineer, (Building Proposal)
Greater Mumbai )
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An Officer of Respondent No. 1 )
Having its office address at: )
Building Permission Cell, )
Greater Mumbai, MHADA, )
Bandra (E), Mumbai – 400 051 ) ….. Respondents
WITH
WRIT PETITION NO. 2767 OF 2022
1 LEO INFRASTRUCTURE PVT. LTD, )
A company registered under Indian Companies)
Act 1956, having its Office at C-101, )
Chanakya, New Link Road, Mahavir )
Nagar, Kandivali West, Mumbai- 400 062. ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
Building Permission Cell, Greater Mumbai )
Mumbai Housing Area Development Authority,)
an officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai - 400 051)
3 GANDHI NAGAR JALKIRAN )
CO-OPERATIVE HOUSING SOCIETY )
A Society Registered under Maharashtra )
Co-operative Societies Act, under its )
Registration No. BOM/HSG/7767/1982-83 )
having its Office at Building No.67, )
Gandhi Nagar, Bandra (East) Mumbai 400051.)
4 GANDHI NAGAR SHRI GANESH )
CO-COPERATIVE HOUSING SOCIETY LTD)
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A Society Registered under Maharashtra )
Co-operative Societies Act, under its )
Registration No. BOM/[W.H.E] /HSG (OH) )
1325/84/85 having its Office at Building )
No.68, Gandhi Nagar, Bandra (East) )
Mumbai 400051. ) …. Respondents
WITH
WRIT PETITION (L) NO. 4266 OF 2022
Teachers Colony Cooperative Housing )
Society Limited )
Registered A Cooperative Societies Act, )
1960, Having its address at: )
Building No. 1 & 2, Survey No.379, )
CTS no. 609, Village Bandra (E), )
Taluka Andheri, District-Mumbai )
Suburban, Mumbai- 400 051. )
Through itsConstituted Attorney )
Mr. Shrikant P. Paranjape ) …. Petitioner
VERSUS
1 The Maharashtra Housing Area and )
Development Authority, )
A Body Corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act, 1976 )
Having its Office at: )
Grihanirman Bhavan, Kala Nagar, )
Bandra (E), Mumbai – 400 051 )
2 The Executive Engineer, )
(Building Proposal) Greater Mumbai )
An Officer of Respondent No. 1 )
Having its office address at: )
Building Permission Cell, )
Greater Mumbai, MHADA, )
Bandra (E), Mumbai – 400 051 ) … Respondents
WITH
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WRIT PETITION NO. 1068 OF 2016
1 Dadbhawala Co-operative Housing )
Society Ltd., )
(Regd. No. Bom/W F-N/HSG/(TC)/8097(1998)
Through its Authorised Representative )
Mr. Shri. Shantilal Dhanji Dedhia, )
384, Telang Cross road, Matunga E )
Mumbai 400 019 )
2 Shree Falvruddhi Developers, )
Through Shri Shantilal Dhanji Dedhia )
A proprietorship firm carrying on business at)
“Purna Shanti”, 174, Nathalal Parekh Marg, )
Wadala (West), Mumbai 400 031 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Through the Urban Development )
Department, Government of Maharashtra )
Though the office of Government Pleader )
High Court, (O.S.) Bombay, )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai )
Though its office at, Mahapalika Marg )
M.G. Road, Fort, Mumbai 400 001 )
3 Executive Engineer, Building Proposal )
(City)-II, )
New Municipal Building No. 355B, )
Bhagwan Walmiki Chowk, )
Vidyalankar Marg, Opp Hanuman Mandir )
Salt Pan road, Antop Hill, Wadala (East) )
Mumbai 400 037 ) .… Respondents
WITH
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WRIT PETITION NO. 2193 OF 2022
1 BENE ISRAEL HOME FOR DESTITUTES)
AND ORPHANS )
a Charitable Trust registered under the )
provisions of the Bombay Public Trust Act, )
1950 (now known as the Maharashtra Public)
Trust) Act, 1950) bearing Registration No. )
P.T.R No. D-43 (Mumbai), and having office)
rd
at C/o C-314, Daffodil, 3 Floor, Dosti Acres)
Wadala (East), Mumbai 400 037. )
2 LIVESTONE BUILDERS LLP )
a limited liability partnership firm registered )
under the provisions of the Limited Liability )
Partnership Act, 2008 and having its office )
at 801, Arcadia Building, NCPA Marg, )
Nariman Point, Mumbai. ) … Petitioners
Versus
1 STATE OF MAHARASHTRA )
Through the Principal Secretary, )
Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 MUNICIPAL CORPORATION OF )
GREATER MUMBAI )
a statutory corporation incorporated under )
the Mumbai Municipal Corporation Act, 1888; )
having its office at Mahapalika Marg, )
Mumbai 400 001. )
3 MUNICIPAL COMMISSIONER )
Municipal Corporation of Greater Mumbai )
having office at Mahapalika Marg, )
Mumbai 400 001 ) … Respondents
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WITH
WRIT PETITION (L) NO.4992 OF 2022
1 Trilochan Co-operative Housing )
Society Ltd. having its address )
at Building No. 25, 26 & 27 in )
Sardar Nagar No. 2, GTB Nagar, )
Sion Koliwada (E), Mumbai 400 022. )
Through its Lawful Attorneys )
Mr. Ashok Mehra, the Managing )
Director of Shikara Constructions )
Private Limited, a Company )
incorporated under the provisions of )
the Companies Act 1956, having its )
office at 204, Bezzola Complex, Opp. )
Suman Nagar, Sion Trombay Road, )
Chembur, Mumbai 400 071. )
2 Shikara Constructions Private Limited, )
a Company incorporated under the provisions)
of the Companies Act 1956,Having its )
registered Office at204, Bezzola Complex, )
Opp. SumanNagar,Sion Trombay Road, )
Chembur, Mumbai 400 071. ) ….. Petitioners
VERSUS
1 Maharashtra Housing and Area )
Development Authority, an Authority )
Established and constituted under the )
Provisions of the Maharashtra Housing )
and Area Development Act, 1976, )
having its office at GrihaNirman, )
Bhavan, MHADA, Bandra (East), )
Mumbai-400051. )
2 The Executive Engineer (B.P. Cell) )
Greater Mumbai, MHADA; )
GrihaNirman Bhavan, Bandra (West), )
Mumbai-400 051. ) .. Respondents
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WITH
WRIT PETITION NO. 1314 OF 2016
1 Jayamata Co-operative Housing Society Ltd.)
A Cooperative Housing Society registered )
under the provisions of the Maharashtra )
Cooperative Societies Act, 1960, )
having its Registered office at Paramjyoti, )
Plot No.9, Pestom Sagar Road No.4, )
Tilak Nagar, P.O. Chembur, Mumbai 400 089)
2 Shri Sati Builders & Developers Pvt.Ltd. )
A company registered under the provisions )
Of the Companies Act, 1956, having its )
Office at 149/156, Garodia Shopping Centre,)
Garodia Nagar, Ghatkopar (East), )
Mumbai 400 077 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Through the Collector/Additional )
Collector’s Office, )
Mumbai Suburban District, )
Though office of Government Pleader )
High Court, (O.S.) Bombay )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater )
Mumbai, Having its office, )
Mahapalika Marg, M.G. Road, Fort, )
Mumbai 400 001 )
3 Executive Engineer, )
Building Proposals, (Easter Suburbs).-1 )
Municipal Corporation of Greater Mumbai )
At office of Dy. Chief Engineer (BP) )
Easter Suburbs office, Near Raj Legacy, )
Paper Mill Compound, L.B.S. Marg, )
Vikhroli (West), Mumbai 400 083 ) ….. Respondents
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WITH
WRIT PETITION (L) NO. 7180 OF 2022
1 KEYSTONE REALTORS PRIVATE )
LIMITED )
A company registered under the provisions )
of the Companies Act, 1956 and deemed to )
have been registered under the Companies Act,)
2013 having its address at 702, Natraj, )
M.V. Road Junction, Western Express Highway,)
Andheri (East), Mumbai – 400 069. ) ..... Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051 )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), GREATER MUMBAI,)
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400051.)
3 THE MIG CO-OPERATIVE HOUSING )
SOCIETY (Bandra East) Group IV Limited)
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Gandhi Nagar,)
MIG Colony, Bandra (East), Mumbai- 400 051.)
WITH
WRIT PETITION NO. 1000 OF 2016
M/s. Mahavir Enterprises, )
Through their partner Mr. Dhiren M. Gala )
And Mr. Kiran Mulji )
A partnership firm carrying on business at )
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5, Saras Baug, S.T. Road, Deonar )
Mumbai 400 088 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Though the Urban Development Department,)
Government of Maharashtra )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Having office at, Mahapalika Marg, )
M.G. Road, Fort, Mumbai 400 001 )
3 Asstt Engineer, Building Proposals, (City)
V, Ex-Engineer Bldg. Proposal (City)-II )
MCGM (Ward F-North), )
New Municipal Bldg. C.S. No. 355-B, )
Bhagwan Walmiki Chowk, )
Vidyalankar Road, Antop Hill, )
Wadala East, Mumbai 400 037 ) .... Respondents
WITH
WRIT PETITION NO. 1679 OF 2017
1 The Middle Income Group Co-operative )
Housing Society Group V Limited, )
a society registered under the provisions )
of the Maharashtra Co-operative Societies )
Act, 1960 bearing registration no. )
BOM/HSG/8045/1983 having its registered )
address at Gandhi Nagar, MIG Colony, )
Bandra (East), Mumbai – 400 051 )
2 Kalpataru Properties Private Limited )
a company incorporated under the )
provisions of the Companies Act, 1956 )
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and having its registered office at 101, )
Kalpataru Synergy Opp. Grand Hyatt )
Santacruz (East), Mumbai 400-055 ) .… Petitioners
Versus
1 The State of Maharashtra, )
through the Urban Development )
Department, having its office at )
Mantralaya, Mumbai – 400032. )
2 The Municipal Corporation of Greater )
Mumbai, a statutory corporation established )
and constituted under the provisions of the )
Mumbai Municipal Corporation Act, 1888, )
having its office at Annexe Building, )
Mahapalika Marg, Mumbai - 400 001. )
3 Maharashtra Housing and Area )
Development Authority, )
an authority established and constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Griha Nirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051. ) …. Respondents
WITH
WRIT PETITION (L) NO. 7581 OF 2022
1 PRABHAKAR CO-OPERATIVE HOUSING)
SOCIETY LIMITED )
A co-operative housing society registered )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Akshay )
Building, Plot no. 15, Krishna Chandra Marg,)
Bandra Reclamation, Bandra (West), )
Mumbai 400050. )
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2 GOVERNMENT OFFICERS SHRAMA )
VIKAS CO-OPERATIVE HOUSING )
SOCIETY LIMITED )
A co-operative housing society registered )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Safalya Building,)
Plot no. 14, Krishna Chandra Marg, Bandra )
Reclamation, Bandra (West), Mumbai 400050.) ….. Petitioners
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PERMISSION CELL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at GrihanirmanBhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
3 FLOWLINE DEVELOPERS PRIVATE LIMITED)
A Company incorporated under the provisions)
of the Companies Act, 2013 having its )
registered office at Ground Floor, )
Sukh Shanti, Plot No-65, Opp. PNB, 8th Road,)
Juhu Scheme, Vile Parle (West), )
Mumbai 400049. ) .... Respondents
WITH
WRIT PETITION (L) NO. 8126 OF 2022
1 Adarsh Nagar Shree Adarsh Co-
operative Housing Society Limited a
society registered under the provisions
)
)
)
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of Maharashtra Co-operative Housing
Society Act 1960 situate on CTS No.
1(part), Village Oshiwara, Taluka
Andheri, District Mumbai suburban
District having its address at 671 Adarsh
Nagar Oshiwara, New Link Road,
Jogeshwari (West), Mumbai 400 102.
)
)
)
)
)
)
)
2 M/s. Sunbeam Hightech Developers
Private Limited, 1, Paras Building,
ground floor, BonBon Lane, Andheri
(West), Mumbai 400 058
)
)
)
) ... Petitioners
Versus
1 Mumbai housing Area development
authority, a body corporate established
under section 3 of the Maharashtra
Housing and area development Act,
1976, having its address at Grihnirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051
)
)
)
)
)
)
)
)
2 Vice president and chief executive
officer Mumbai Housing Area
Development authority having his addrss
at Grihnirmann Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
)
)
3 Building Permission Cell, Greater
Mumbai, Mumbai Housing Area
Development Authority, through
executive engineer (B. P. Cell) Greater
Mumbai / MHADA having its office at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
)
)
)
4 The State of Maharashtra through the
secretary, urban development
department, Mantralaya Mumbai 400
032
)
)
)
) … Respondents
WITH
WRIT PETITION (L) NO. 8142 OF 2022
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OSHIWARA SATPUDA CO-OPERATIVE )
HOUSING SOCIETY LIMITED )
A co-operative housing society registered )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at Building No.3,)
Oshiwara, New Link Road, Jogeshwari )
(West), Mumbai – 400 102. )…PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING )
AREA AND DEVELOPMENT AUTHORITY)
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PERMISSION CELL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
3 DEV LAND & HOUSING PRIVATE LIMITED)
A Company incorporated under the provisions)
of the Companies Act, 1956 and validly )
existing under the provisions of the )
Companies Act, 2013 having its registered )
office at 10th Floor, Dev Plaza, S.V. Road, )
Andheri (West), Mumbai – 400 058. ) ….Respondents
WITH
WRIT PETITION (L) NO. 8279 OF 2022
LOTUS BUILDERS AND DEVELOPERS )
A partnership firm, registered under the )
provisions of the Indian Partnership Act, 1932)
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1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under )
Section 3 of the Maharashtra Housing and )
Area Development Act 1976, having its )
address at Grihanirman Bhavan, Kala )
Nagar, Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER )
Building Permission Cell, Greater Mumbai )
Mumbai Housing Area Development )
Authority, an officer of Respondent No.1 )
having his office address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East) )
Mumbai - 400 051. )
3 AZAD NAGAR SATKAR CO- )
OPERATIVE HOUSING SOCIETY )
LIMITED, A Society Registered under )
Maharashtra Co-operative Societies Act )
under its Registration No. MUM/MHADB/ )
HSG/(TC)/12260 dated 2004-2005 and )
having its registered office )
at 47, Azad Nagar No.3, off Veera Desai )
Road, Andheri West, Mumbai )
Maharashtra - 400 053 ) …Respondents
WITH
WRIT PETITION (L) NO. 8447 OF 2022
SIDDHARTH NAGAR CHAITANYA )
CO-OPERATIVE HOUSING SOCIETY )
LIMITED )
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A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies Act,)
1960 having its address at Building No.3, )
Goregaon (West), Mumbai-400 104. ) ….. Petitioner
VERSUS
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
Greater Mumbai, MHADA, Bandra (East), )
Mumbai – 400 051. )
3 M/S. MUMBAI SHELTER HOUSING )
DEVELOPMENT PVT LTD )
A Private limited company registered and )
incorporated under the provisions of the )
Companies Act 1956 having its address at 8 )
Andheri Ekta, Off Four Bungalows, )
Off Lokhandwala Complex, Road, )
Andheri (West), Mumbai- 400 053 ) ….. Respondents
WITH
WRIT PETITION (L) NO. 8722 OF 2022
1 FAIRYLAND CO-OPERATIVE HOUSING )
SOCIETY LIMITED )
A co-operative housing society deemed to be)
incorporated under the Maharashtra )
Co-operative Societies Act, 1960 having its )
address at Plot No. 9-A, N. S. Road No. 10, )
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JVPD Scheme, Vile Parle (West), )
Mumbai 400 049. ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PERMISSION CELL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
3 AJMERA REALTY & INFRA INDIA LIMITED)
A company incorporated under the provisions)
of the Companies Act, 1956 and validly )
existing under the provisions of the )
Companies Act, 2013 having its registered )
office at Citi Mall, Link Road, Andheri )
(West), Mumbai 400053. ) ….. Respondents
WITH
WRIT PETITION (L) NO. 8731 OF 2022
1 SHREE MAHAVIR ESTATE GREEN ACRES)
A partnership firm registered under the )
provisions of the Indian Partnership Act, 1932,)
and having its principal place of business at )
Aditya, ‘A’ Wing, Podium Office, )
Gulmohar Cross Road No. 7, Juhu Vile Parle)
Development Scheme, Mumbai 400049. )
2 MR. SNEHAL M PATEL )
Adult, of Mumbai, Indian Inhabitant, )
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a partner of the Petitioner No. 1, having his )
address at Aditya, ‘A’ Wing, Podium Office,)
Gulmohar Cross Road No. 7, Juhu Vile Parle)
Development Scheme, Mumbai 400049. ) …PETITIONERS
VERSUS
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PERMISSION CELL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
3 Juhu Karmyog Co-operative Housing Society)
Limited, )
A co-operative society registered under )
Maharashtra Co-operative Societies Act, 1960)
bearing registration no. BOM/HSG/7889 of )
1982 dated 31st July, 1982 and having )
its registered office at 15AB/257, )
Green Acres, Vidyanidhi Marg, CTS 26A(pt))
JVPD Scheme, Mumbai – 400049. )…RESPONDENTS
WITH
WRIT PETITION (L) NO. 8733 OF 2022
1 DEM ESTATES LLP )
A limited liability partnership incorporated )
under the provisions of the Limited Liability )
Partnership Act, 2008, and having its )
registered office at B-302, Gokul Regency 1 )
CHSL, Thakur Complex Highway, )
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Near Sai Dham Temple, Kandivali (East), )
Mumbai 400101. ) ..... Petitioner
VERSUS
1 THE MAHARASHTRA HOUSING AREA)
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section )
3 of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PERMISSION CELL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
3 CHARKOP ANAND CO-OPERATIVE )
HOUSING SOCIETY LIMITED, )
A co-operative society registered under )
Maharashtra Co-operative Societies Act, 1960,)
bearing registration no. BOM(W-R)/HSG )
(T-C) 2437/86-87 and having its registered )
office at RDP-7/158, Charkop, Kandivali )
(West), Mumbai 400067 ) …RESPONDENTS
WITH
WRIT PETITION NO. 822 OF 2017
1 NEW MONALISA CO-OPERATIVE )
HOUSING SOCIETY LIMITED, )
a society registered under Maharashtra )
Cooperative Societies Act,1960 )
(MAH.XXIV of 1961) having address at )
New Monalisa Co-operative Housing Society Ltd,)
Arya Vidya Mandir Road, Survey No.287, )
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C.T.S. No 21(part), Sub Plot No.14 of Plot No.5,
J.V.P.D. Scheme, Vile Parle (West), )
Mumbai – 400 049. )
2 LAMPLIGHT CO-OPERATIVE HOUSING)
SOCIETY LIMITED, )
a society registered under Maharashtra )
Cooperative Societies Act, 1960 )
(MAH.XXIV of 1961) having address at )
New Monalisa Co-operative Housing Society)
Ltd, Arya Vidya Mandir Road, Survey No.287,)
C.T.S. No 21(part), Sub Plot No. 14 of Plot No.5/6,)
J.V.P.D. Scheme, Vile Parle (West), )
Mumbai – 400 049. )
3 PARLE SILVER LIGHT CO-OPERATIVE )
HOUSING SOCIETY LIMITED, )
a society registered under Maharashtra Cooperative)
Societies Act, 1960 (MAH.XXIV of 1961) )
having address at : Parle Silver Light )
Co-operative Housing Society Ltd, )
Survey No.287, bearing CTS No.21(Part), )
th
Sub-Plot No.14 of Plot No.5/5, 9 N.S. Road)
Extn., J.V.P.D. Scheme, Vile Parle (West), )
Mumbai – 400 049. )
4 M/s. SHREE MAHAVIR ESTATES, )
a partnership firm registered under the )
Indian Partnership Act, 1932, having its )
registered office at 14A Paper Box Estate, )
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off Mahakali Caves Road, Andheri (East), )
Mumbai 400 093 & having its Administrative)
st
office at Aditya A – Wing, Podium, 1 Floor, )
Samarth Ramdas Marg, Gulmohar )
Cross Road No 7, J.V.P.D. Scheme, )
Vile Parle (West), Mumbai - 400 049. ) ....Petitioners
Versus
1 The State of Maharashtra, )
through The Urban Development Department,)
having its office at Mantralya, Mumbai – 400032)
through Government Pleader(O.S), High Court, )
Mumbai – 400 032. )
2 The Municipal Corporation of Greater )
Mumbai, )
a statutory corporation established and )
constituted under the provisions of the )
Mumbai Municipal Corporation Act, 1888 )
having its office at Mahanagarpalika Building,)
Mumbai Mahanagarpalika Marg, )
Mumbai - 400 001. )
3 Maharashtra Housing and Area Development)
Authority, )
an authority established and constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Legal Department, )
th
Griha Nirman Bhavan, 4 Floor, MHADA )
Bandra (East), Mumbai 400 051. ) …. Respondents
WITH
WRIT PETITION (L) NO. 9667 OF 2022
1 GAGANGIRI CONSTRUCTION )
A partnership Firm having its address at )
7/321 Ninad CHSL, Building No.7,Kher Nagar, )
Bandra (East), Mumbai- 400 051 ) ….. Petitioner
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Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3 )
of the Maharashtra Housing and Area Development)
Act 1976, having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), GREATER MUMBAI)
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
Greater Mumbai, MHADA, Bandra (East), )
Mumbai – 400 051. )
3 NEHRU NAGAR SARITA VIDYA MAHAL )
CHS LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies Act,)
1960 having its address at Building 138, )
Nehru Nagar, Kurla (East), Mumbai – 400 024 ) …. Respondents
WITH
WRIT PETITION (L) NO. 9673 OF 2022
1 Bleu Noir Infrastructure Development )
Private Limited, )
a company incorporated under the provisions)
of the Companies Act, 1956, having its )
nd
registered office at 2 Floor, Dev Plaza, )
Opp. Andheri Fire Station, S. V. Road, )
Andheri (West), Mumbai 400 048. )
2 Rushabh. P. Satra, )
Director of Petitioner No. 1, having its )
nd
registered office at 2 Floor, Dev Plaza, )
Opp. Andheri Fire Station, S. V. Road, )
Andheri (West), Mumbai - 400 048. ) ….. Petitioners
Versus
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1 State of Maharashtra through )
i) Principal Secretary, Housing Department, )
Government of Maharashtra, Mantralaya, )
Mumbai 400032. )
ii) Principal Secretary, Urban Development )
Department, Mantralaya, Mumbai – 400032.)
2 Maharashtra Housing & Development Authority,)
a Statutory Authority constituted under the )
provisions of Maharashtra Housing & Area )
Development Act, 1976, having its office at )
Griha Nirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai- 400051. )
3 Vice President, )
Maharashtra Housing & Development Authority,)
having its office at Griha Nirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai – 400051.)
4 Building Permission Cell, Greater Mumbai, )
Mumbai Housing Area & Development Authority,)
through the Executive Engineer (B.P. Cell) )
Greater Mumbai/ MHADA, having its office )
at Griha Nirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai – 400051. )
5 Municipal Corporation of Greater Mumbai,)
having its office at Mahapalika Bhavan, )
Mahapalika Marg, Fort, Mumbai – 400001. )
6 Assistant Registrar of Co- operative )
Societies (MHADA), Bandra (East), )
Mumbai - 400051. )
7 Lenyadri Co-operative Housing Society )
Limited, )
having its registered office at Building No. 9,)
Shastri Nagar, Road No. 2, Goregaon (West),)
Mumbai – 400004. ) … Respondents
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WITH
WRIT PETITION (L) NO. 9685 OF 2022
1 M/S. GAGANGIRI DEVELOPERS )
(Formerly known as ‘Raghav Raj Builders & )
Developers’), A partnership Firm having its )
address at 7/321, Ninad CHSL, Building No.7, )
Kher Nagar, Bandra (East), Mumbai- 400 051 ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3 )
of the Maharashtra Housing and Area Development)
Act 1976, having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), MHADA )
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
MHADA, Bandra (East), Mumbai – 400 051. )
3 NEHRU NAGAR KEDAR DARSHAN )
CO-OPERATIVE HOUSING SOCIETY LIMITED)
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies )
Act, 1960 having its address at Building 45, )
Nehru Nagar, Kurla (East), Mumbai – 400 024 )…RESPONDENTS
WITH
WRIT PETITION NO. 920 OF 2017
1 JUHU SHANTIVAN CO-OPERATIVE )
HOUSING SOCIETY LIMITED, )
a society registered under Maharashtra )
Cooperative Societies Act, 1960 )
(MAH.XXIV of 1961) under Registration )
No. BOM/HSG/8002 dated 30th April 1983 )
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having its address at Plot No.M, Building )
No. 13 (MIG), Gulmohar Cross Road No. 6, )
J.V.P.D. Scheme, Vile Parle (West), )
Mumbai – 400 049. )
2 M/s. SHREE MAHAVIR PROPERTIES, )
a partnership firm registered under the )
Indian Partnership Act, 1932, having its )
registered office at 14A Paper Box Estate, )
off Mahakali Caves Road, Andheri (East), )
Mumbai 400 093 and having its Administrative)
office at Aditya A - Wing, Podium, 1st Floor,)
Samarth Ramdas Marg, Gulmohar Cross Road)
No 7, J.V.P.D. Scheme, Vile Parle (West), )
Mumbai - 400 049. ) ....Petitioners
Versus
1 The State of Maharashtra, )
through The Urban Development Department,)
having its office at Mantralya, Mumbai – 400032)
through Government Pleader(O.S), High Court, )
Mumbai – 400 032. )
2 The Municipal Corporation of Greater Mumbai,)
a statutory corporation established and constituted)
under the provisions of the Mumbai Municipal )
Corporation Act, 1888 having its office at )
Mahanagarpalika Building, )
Mumbai Mahanagarpalika Marg, )
Mumbai - 400 001. )
3 Maharashtra Housing and Area Development)
Authority, an authority established and )
constituted under the provisions of the )
Maharashtra Housing and Area Development)
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Act, 1976, having its office at Legal Department,)
Griha Nirman Bhavan, 4th Floor, )
MHADA Bandra (East), Mumbai 400 051. ) .... Respondents
WITH
WRIT PETITION NO. 605 OF 2017
1 Majaswadi Sarvodaya Nagar )
Co-operative Housing Society )
Union Limited )
a society registered under the provisions )
of the Maharashtra Co-operative Societies )
Act, 1960 bearing registration no. )
MUM/MHADB/HSG/TC/11665 )
and having its registered address at )
72/513 MHB Colony, Sarvodaya Nagar )
Majaswadi CTS No.160A/1, 162, 163, )
165 and 170/C, Village Majas, )
Jogeshwari (E), Mumbai – 400060 )
2 Acme Realties Pvt. Ltd )
a company incorporated under the )
provisions of the Companies Act, 1956 )
and having its registered office at )
th
Building No.10, 5 floor, Solitare Corporate Park,)
Guru Hargovindji Road, Andheri (East), )
Chakala, Mumbai – 400093 ) .… Petitioners
Versus
1 The State of Maharashtra, )
through the Urban Development Department,)
having its office at Mantralaya, )
Mumbai – 400032. )
2 The Municipal Corporation of Greater )
Mumbai, a statutory corporation established)
and constituted under the provisions of the )
Mumbai Municipal Corporation Act, 1888, )
having its office at Annexe Building, )
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Mahapalika Marg, Mumbai - 400 001. )
3 Maharashtra Housing and Area )
Development Authority, )
an authority established and constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Griha Nirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051. ) …. Respondents
WITH
WRIT PETITION NO. 1226 OF 2016
M/s. Nayan Builders, )
A firm registered under the Indian Partnership)
Act, 1932, having their principal office at )
Meghdoot, Vallabh Baug Lane, )
Ghatkopar (East) Mumbai 400 077 ) ….. Petitioner
Versus
1 State of Maharashtra, )
Urban Development Department, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Having office at, Mahapalika Marg, )
M.G. Road, fort, Mumbai 400 001 )
3 Ex. Engineer, Building Proposals, (City)-II))
Asstt-Engineer Bldg. Proposal (City)-V )
New Municipal Bldg. C.S. No. 355-B )
Bhagwan Walmiki Chowk, )
Vidyalankar Road, Opp Hanuman Mandir, )
Salt Pan Road, Antop Hill, )
Wadala East, Mumbai 400 037 ) .... Respondents
WITH
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WRIT PETITION NO. 544 OF 2018
D. N. Nagar Tirupati Co-operative Housing)
Society Limited, )
a Co-operative housing society registered )
under the Provisions of the Maharashtra )
Co-operative Society Act, 1960 having its )
registered Address at Building No.7, )
D. N. Nagar, Andheri (West), )
Mumbai – 400 053. ) ....Petitioner
Versus
1 The Municipal Corporation of Greater )
Mumbai, a Statutory Corporation Constituted)
under the provisions of the Mumbai Municipal)
Corporation Act, 1888 having its Address at )
Mahapalika Marg, Mumbai 400 001. )
2 The Municipal Commissioner )
st
having his office at 1 floor, Municipal Head)
Office Extension Building, Mahapalika )
Marg, Mumbai-400 001. )
3 Mumbai Housing Area Development Authority)
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051 )
4 Tirupati Gruhpravesh LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
st
1 Floor, Premsons Shopping Centre, )
Station Road, Jogeshwari (Esat), )
Mumbai 400 060. ) ...Respondents
WITH
WRIT PETITION NO. 311 OF 2018
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D. N. Nagar Shivkrupa Co-operative )
Housing Society Limited,a Co-operative )
housing society registered under the, )
Provisionsof the Maharashtra Co-operative, )
Society Act, 1960 having its registered, )
Address at Building No.4, D. N. Nagar )
Andheri (West), Mumbai – 400 053. ) .. Petitioner
Versus
1 The Municipal Corporation of Greater of )
Mumbai, a Statutory Corporation Constituted)
under the provisions of the Mumbai Municipal)
Corporation Act, 1888 having its Address at )
Mahapalika Marg, Mumbai 400 001. )
2 The Municipal Commissioner having )
his office at 1st floor, Municipal Head )
Office Extension Building, Mahapalika Marg,)
Mumbai-400 001. )
3 Mumbai Housing Area Development Authority)
A Body corporate established under section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051 )
4 Shivkrupa Gruhpravesh LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
1st Floor, Premsons Shopping Centre, )
Station Road, Jogeshwari (Esat), )
Mumbai 400 060. ) ... Respondents
WITH
WRIT PETITION NO.114 OF 2018
D. N. Nagar Akshay Co-operative )
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Housing Society Limited,a Co-operative )
housing society registered under the )
Provisions of the Maharashtra Co-operative, )
Society Act, 1960 having its registered, )
Address at Building No.1, D. N. Nagar )
Andheri (West), Mumbai – 400 053. ) .. Petitioner
Versus
1 The Municipal Corporation of Greater )
of Mumbai, a Statutory Corporation )
Constituted under the provisions )
of the Mumbai Municipal )
Corporation Act, 1888 having its )
Address at Mahapalika Marg, )
Mumbai 400 001. )
2 The Municipal Commissioner having )
his office at 1st floor, Municipal Head )
Office Extension Building, Mahapalika Marg,)
Mumbai-400 001. )
3 Mumbai Housing Area Development Authority)
A Body corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
4 Akshay Gruhpravesh LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
1st Floor, Premsons Shopping Centre, )
Station Road, Jogeshwari (Esat), )
Mumbai 400 060. ) ...Respondents
WITH
WRIT PETITION NO. 3381 OF 2018
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Epitome Residency Pvt.Ltd., )
A company incorporated under the provisions)
Of the companies Act, 1956 and having its )
Registered office at ONE BKC, )
A Wing 1401, Plot No. C-66, G-Block )
Bandra Kurla Complex, Bandra (East), )
Mumbai 400 051 ) ….. Petitioner
Versus
1 State of Maharashtra, )
Urban Development Department, )
Government of Maharashtra, )
Though the office of Government Pleader )
High Court, (O.S.) Bombay )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Though the Brihanmumbai Electric Supply )
And Transport Undertaking, )
Legal Department, Mahapalika Marg, )
M.G. Road, Fort, Mumbai 400 001 )
3 Executive Engineer, Building Proposal (WS),)
P/S, Municipal Corporation of Greater )
Mumbai, CTS No.746, Village Pahadi, )
Swami Vivekanand Road, Near Goregaon )
Sky Walk, Jawahar Nagar, Goregaon )
(West) Mumbai 400 104 )
4 Brihan Mumbai Electric Supply & Transport)
Undertaking, having its head office )
At BEST Bhavan, Best Marg, )
Colaba, Mumbai 400 001 )….. Respondents
WITH
WRIT PETITION NO. 1705 OF 2018
M/s. Radius & Deserve Builders LLP, )
(formerly known as M/s. Wadhwa & Deserve)
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th
Builders LLP) ONE BKC, A-1401, 14 Floor,)
Plot No. C-66, G-Block, Bandra Kurla Complex)
Bandra (East), Mumbai 400 051 ) ….. Petitioner
Versus
1 State of Maharashtra, )
Through The Collector Government )
Of Maharashtra, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 Slum Rehabilitation Authority, )
th
5 floor, Griha Nirman Bhavan, )
Bandra (East), Mumbai 400 051, )
3 Executive Engineer, )
Slum Rehabilitation Authority, )
Anand kanekar Marg, )
Bandra (East), Mumbai 400 051 )….. Respondents
WITH
WRIT PETITION NO. 1937 OF 2016
S.D. Corporation Pvt.Ltd. )
A company incorporated and registered )
Under the provisions of the Companies )
Act, 1956 having its registered office )
At 70, Nagindas Master Road, )
Fort, Mumbai 400 023 ) ….. Petitioner
Versus
1 State of Maharashtra, )
Though the Collector, )
Government of Maharashtra, )
Through the office of Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
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2 Slum Rehabilitation Authority, )
th
5 floor, Griha Nirman Bhavan )
Bandra (E), Mumbai 400 051 )
3 Executive Engineer, )
Slum Rehabilitation Authority, )
Anant Kanekar Marg, Bandra (E), Mumbai )….. Respondents
WITH
WRIT PETITION (L) NO. 12206 OF 2022
1 Gorai Shri Shiv Parvati Co-operative Housing)
Society Limited, )
A society registered under the provisions of )
Maharashtra Co-operative Societies Act 1960)
situate on Plot no. 8, RSC-3 Maharashtra )
Housing Area Development Authority layout)
Gorai -3 Borivali (West), Mumbai 400 092 )
2 M/s. Shree Krishna developer corporation,)
A registered partnership firm having its office)
at Narayan printing, 135, Ram Mandir Road, )
Oshiwara, Jogeshwari (West), Mumbai 400 104)... Petitioners
Versus
1 Mumbai Housing Area Development )
Authority, )
A body corporate established under section 3)
of the Maharashtra Housing and area )
Development Act, 1976, having its address at)
Grihnirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051 )
2 Vice president and Chief Executive Officer)
Mumbai Housing Area Development Authority)
having his address at Grihnirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
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3 Building Permission Cell, Greater Mumbai,)
Mumbai Housing Area Development Authority,)
through executive engineer (B .P Cell) )
Greater Mumbai / MHADA having its office )
at Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051 )
4 The State of Maharashtra through )
the Secretary, Urban Development Department,)
Mantralaya Mumbai 400 032 )… Respondents
WITH
WRIT PETITION (L) NO. 12212 OF 2022
1 Gorai Shri Shiv Shankar Co-operative )
Housing Society Limited, )
A society registered under the provisions of )
Maharashtra Co-operative Societies Act 1960)
situate on Plot no. 7, RSC-3 Maharashtra )
Housing Area Development Authority )
layout Gorai -3 Borivali (West), )
Mumbai 400 092 )
2 M/s. Shree Krishna developer corporation,)
a registered partnership firm having its office)
at Narayan printing, 135, Ram Mandir Road,)
Oshiwara, Jogeshwari (West), Mumbai 400 104)... Petitioners
Versus
1 Mumbai Housing Area Development Authority,)
A body corporate established under section 3 )
of the Maharashtra Housing and Area )
Development Act, 1976, having its address at)
Grihnirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051 )
2 Vice president and Chief Executive Officer)
Mumbai Housing Area Development Authority)
having his address at Grihnirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051)
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3 Building Permission Cell, Greater Mumbai, )
Mumbai Housing Area Development Authority,)
through executive engineer (B .P Cell) )
Greater Mumbai / MHADA having its )
Office at Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051 )
4 The State of Maharashtra through )
the secretary, Urban Development )
Department, Mantralaya Mumbai 400 032 ) ... Respondents
WITH
WRIT PETITION (L) NO. 12361 OF 2022
1 M/S. V. L. SAVLI DEVELOPERS LLP )
A registered Limited Liability Partnership )
having its registered address at Shop No.2, )
‘C’ Wing, Stella Residency, Kannamwar )
Nagar I, Vikhroli (East), Mumbai – 400 083 ) … Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA)
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), MHADA )
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
MHADA, Bandra (East), Mumbai – 400 051.)
3 KANNAMWAR NAGAR SAVLI )
CO-OPERATIVE HOUSING SOCIETY LIMITED)
A Co-operative Housing Society incorporated)
under the Maharashtra Co-operative )
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Societies Act, 1960 having its address at )
Building Nos. 161, 162, 163 & 156, )
Kannamwar Nagar – 01, Vikhroli (East), )
Mumbai – 400 083 )…RESPONDENTS

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2 SHREE MAHAVIR ESTATE AMEYA )
a partnership firm duly registered under the )
provisions of the Indian Partnership Act, 1932,)
and having its principal place of business at )
Aditya, ‘A’ Wing, Podium Office No.2, )
Gulmohar Cross Road No. 7, Samarth Ramdas)
Marg, Juhu Vile Parle Development Scheme,)
Mumbai 400049. )
3 Snehal Patel of Mumbai Indian Inhabitant, )
having his address at Aditya, )
‘A’ Wing, Podium Office No.2, )
Gulmohar Cross Road No. 7, Samarth Ramdas)
Marg, Juhu Vile Parle Development Scheme,)
Mumbai 400049. ) … Petitioners
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Versus
1 MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY, )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Legal Department, Griha Nirman Bhavan, )
4th Floor, Kalanagar, Bandra (East), )
Mumbai 400051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), GREATER MUMBAI,)
MHADA, an officer of Respondent No.1 )
having his office address at Griha Nirman Bhavan,)
Kalanagar, Bandra (East), Mumbai 400051. ) … Respondents
WITH
WRIT PETITION NO. 1996 OF 2016
1 Vishal Pant Nagar Co-operative Housing )
Society Limited, )
Building No.127 & 128 having its office at )
Building No. 105/3159, Opp. Post Office, )
Pant Nagar, Ghatkopar (East),Mumbai – 400 075)
M/s Kesar Housing & Development Co. )
A registered partnership firm having its office)
at Kesar Solitaire Office Nos. 802-804, )
th
8 Floor, Plot No.5, Sector 19, Sanpada, )
Navi Mumbai-400 705. ) …Petitioners
Versus
1 State of Maharashtra, )
Through Urban Development Department, )
Mantralaya, Mumbai. (Govt. Pleader, High )
Court, Original Side, Bombay. )
2 Municipal Corporation of Greater Mumbai )
A body incorporated under the Mumbai Municipal)
Corporation Act, 1888, having its office at )
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Mahapalika Road, Mumbai- 400 001. )
3 Maharashtra Housing and Area Development)
Authority, a body incorporated under the )
MHADA Act, 1976, having its office at )
Griha Nirman Bhavan, Bandra (East), )
Mumbai 400 051. ) …Respondents
WITH
WRIT PETITION NO. 1997 OF 2016
1 Dattashram Cooperative Housing Society )
Limited, having its office at Plot No. 62, )
C.S. No. 60/10, Matunga Division, )
Sir Balchandra Road, Hindu Colony, )
Dadar (E), Mumbai- 400 014 )
Troika Construction Company )
A registered partnership firm, )
through Mr. Arun Balkrishna Chitale )
having its office at Broadway )
Shopping Centre, Dadar (E) Mumbai–400 014)
M/s Kesar Corporation, )
A registered partnership firm having its office)
th
at Kesar Solitaire Office Nos. 802-804, 8 Floor,)
Plot No.5, Sector 19, Sanpada, )
Navi Mumbai-400 705. ) …Petitioners
Versus
The State of Maharashtra )
Through Urban Development Department, )
Mantralaya, Mumbai. (Govt. Pleader, High )
Court, Original Side, Bombay. )
Municipal Corporation of Greater Mumbai, )
a body incorporated under the Mumbai )
Municipal Corporation Act, 1888, having its )
office at Mahapalika Road, Mumbai- 400 001.)
Maharashtra Housing and Area Development)
Authority, a body incorporated under the )
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MHADA Act, 1976, having its office at )
Griha Nirman Bhavan, Bandra (East), )
Mumbai 400 051. ) …Respondents
WITH
WRIT PETITION NO. 2000 OF 2016
Dinesh Abhechand Gandhi )
Vikhram Abhechand Gandhi )
Rajendra Abhechand Gandhi )
All Adults, of Mumbai, )
Indian Inhabitants, residing at )
rd
Ghanshyam Baug, 3 Floor, )
Dr. B.A. Road, (King Circle), )
Matunga, Mumbai – 400 019. )
M/s Kesar Housing & Development Co. )
A registered partnership firm )
having its office at Kesar Solitaire )
th
Office Nos. 802-804, 8 Floor, )
Plot No.5, Sector 19, Sanpada, )
Navi Mumbai-400 705. ) …Petitioners
Versus
1 State of Maharashtra )
Through Urban Development Department, )
Mantralaya, Mumbai. (Govt. Pleader, High )
Court, Original Side, Bombay. )
2 Municipal Corporation of Greater Mumbai,)
A body incorporated under the Mumbai Municipal)
Corporation Act, 1888, having its office at )
Mahapalika Road, Mumbai- 400 001. )
3 Maharashtra Housing and Area Development)
Authority, a body incorporated under the )
MHADA Act, 1976, having its office at )
Griha Nirman Bhavan, Bandra (East), )
Mumbai 400 051. ) …Respondents
WITH
WRIT PETITION NO. 2988 OF 2022
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M/s.Goodbuild (India) Private Limited, )
A Company registered under the Company )
Act, 1956 and having its office at 9-B/302 )
God Gift Tower, M.R. Chowk, Hill Road, )
Bandra (W), Mumbai through its Directors )
(1) Mr.Rashad Ahmed Mujawar, and )
(2) Mr.Arshad Mohammed Zaheer ) ... Petitioners
VERSUS
1. Maharashtra Housing & Area )
Development Authority, A Body Corporate )
established u/s 3 of the MHADA, 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (E) )
Mumbai – 400 051. )
2. The Executive Engineer, )
Building Permission Cell, Greater )
Mumbai, Mumbai Housing Area )
Development Authority, an Officer )
of Respondent No.1, having his )
Office at Grihanirman Bhavan, )
Kala Nagar, Bandra (E), Mumbai -51 )
3. Versova Andheri Vasundhara Co-op. )
Housing Society Limited, )
A Co-operative Housing Society Act, )
1960, having its registered address )
at Plot No.AD-95, 29, S.No.120, CTS )
No.13748/51 (Part), Municipal K/West )
Ward, Versova, Andheri (W), )
Mumbai 53, through its Secretary ).. Respondents
WITH
WRIT PETITION NO. 102 OF 2021
1 LANDCARE REALTY LLP, )
A partnership firm registered under Limited )
Liability Partnership Act, 2008, having )
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address at 60, 6th Floor, Orbit Plaza, )
New Prabhadevi Marg, Prabhadevi, )
Mumbai – 400 025. )
2 Mr. Dhannalal P. Jain, )
Adult, Indian Inhabitant, Partner of )
Petitioner No. 1 above named, having address)
at 60, 6th Floor, Orbit Plaza, )
New Prabhadevi Marg, Prabhadevi, )
Mumbai – 400 025. ) ...Petitioners
Versus
1 The Municipal Corporation of Greater )
Mumbai, a Statutory Corporation Constituted)
under the provisions of the Mumbai Municipal)
Corporation Act, 1888, having its office at )
Mahapalika Marg, Mumbai - 400 001. )
2 The Municipal Commissioner, )
The Municipal Corporation of Greater Mumbai),
having its office at Mahapalika Marg, )
Mumbai - 400 001. )
3 The State of Maharashtra, )
Through its Urban Development Department,)
Mantralaya, Mumbai. )...Respondents
WITH
WRIT PETITION NO. 2247 OF 2016
1 Sahakar Nagar Udaya Bhavan Co-operative)
Housing Society Ltd. A Co-operative Housing)
Society registered Under the provisions of )
Maharashtra Cooperative Societies Act, 1960,)
having its Registered office at Building No.9,)
Sahakar Nagar, Udaya Bhuvan CHSL )
Shell Colony, Chembur, Mumbai 400 071 )
2 Shree Krishna Homes Pvt.Ltd., )
A company incorporated under the )
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provisions Of the companies Act, 1956, )
having its Corporate office at Sethna Manor, )
th th
6 floor, Plot No. 369, 6 Road, Chembur, )
Mumbai 400 071 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Through the Urban Development Department,)
Government of Maharashtra, Though the )
office of Government Pleader High Court, )
(O.S.) Bombay, PWD Building, Fort, )
Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Having its office, Mahapalika Marg, )
M.G. Road, Fort, Mumbai 400 001. )
3 Executive Engineer, Building Proposals, )
M- Ward, Municipal Corporation of Greater )
Mumbai, At office of Dy. Chief Engineer (BP))
Easter Suburbs office, Near Raj Legacy, )
Paper Mill Compound, L.B.S. Marg, )
Vikhroli (West), Mumbai )
4 Maharashtra Housing & Area Development)
Authority, Having its office at Griha )
Nirman Bhavan, Kala Nagar, Bandra (E), )
Mumbai 400 050 )….. Respondents
WITH
WRIT PETITION (L) NO. 14032 OF 2022
1 Tagore Nagar Pushpanjali Co-op. Housing )
Society Ltd., formed under the provisions of )
Maharashtra Co-operative Housing Societies)
Act, 1960 bearing Registration )
No. BOM/ HSG/ 1400/ 84-85 dated 31/05/1985)
Having its registered office at Building No. 13,)
Tagore Nagar, Vikhroli, Mumbai 400 083 )
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2 M/s. Shreedham developer, )
a registered partnership firm having its office)
at 1201, Universal Majestic, )
Opp. R.B.K. International School, )
Chembur, Mumbai 400 043. ) ..Petitioners
Versus
1 Mumbai Housing Area development )
authority, )
a body corporate established under section 3 )
of the Maharashtra Housing and Area )
Development Act, 1976, having its address at)
Griha Nirman Bhavan, Kalanagar, )
Bandra (east), Mumbai 400 051. )
2 Vice President and Chief Executive Officer)
Mumbai Housing Area Development Authority)
having his office at Griha Nirman Bhavan, )
Kalanagar, Bandra (east), Mumbai 400 051. )
3 Building Permission Cell, )
Greater Mumbai, Mumbai Housing Area )
Development authority, through executive )
engineer (B.P. Cell) Greater Mumbai/MHADA)
having its office at Griha Nirman Bhavan, )
Kalanagar, Bandra (east), Mumbai 400 051. )
4 The State of Maharashtra through )
the Secretary, Urban Development Department,)
Mantralaya Mumbai 400 032. ) ... Respondents
WITH
WRIT PETITION (L) NO. 14321 OF 2022
VL GAJAMUKH DEVELOPERS LLP )
A partnership Firm having its address at )
Shop No.2, ‘C’ Wing, Building No.150, )
Stella Residency, Kannamwar Nagar – I, )
Vikhroli (East), Mumbai – 400 083. ) … Petitioner
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Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3 )
of the Maharashtra Housing and Area Development)
Act 1976, having its address at Grihanirman Bhavan,)
Kala Nagar, Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), MHADA )
An officer of Respondent No.1 having his )
office address at Building Permission Cell, )
MHADA, Bandra (East), Mumbai – 400 051. )
3 PANTNAGAR GAJAMUKH CO-OPERATIVE)
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies )
Act, 1960 having its address at Building No.79, )
Pant Nagar, Ghatkopar (East), Mumbai – 400 075.) … Respondents
WITH
WRIT PETITION (L) NO. 14328 OF 2022
1 V. LAXMI NURSES DEVELOPERS LLP )
A partnership Firm having its address at )
Shop No.2, ‘C’ Wing, Near Axis Bank, )
Stella Residency, Kannamwar Nagar – I, )
Vikhroli (East), Mumbai – 400 083. ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
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(BUILDING PROPOSAL), MHADA )
An officer of Respondent No.1 having )
his office address at Building Permission )
Cell, MHADA, Bandra (East), )
Mumbai – 400 051. )
3 NURSES WELFARE CO-OPERATIVE )
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies Act,)
1960 having its address at )
Building Nos.220-222, Kannamwar Nagar, )
Vikhroli (East), Mumbai – 400 083 ) … Respondents
WITH
WRIT PETITION (L) NO. 14484 OF 2022
1 CRYSTAL CONSTRUCTION COMPANY )
A partnership Firm having its address at 702, A-2,)
Shubham Centre, Chakala Square, )
Andheri-Kurla Road, Andheri (East), )
Mumbai – 400 099. ) ….. Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3 of)
the Maharashtra Housing and Area Development)
Act 1976, having its address at Grihanirman Bhavan,)
Kala Nagar, Bandra (East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), MHADA )
An officer of Respondent No.1 having his office )
address at Building Permission Cell, MHADA, )
Bandra (East), Mumbai – 400 051. )
3 HITENDRA DHAMM SHABHA CO-OPERATIVE)
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated under)
the Maharashtra Co-operative Societies Act, 1960)
having its address at Building No.C-3, )
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New Shastri Nagar, Road No.1, Goregaon (West),)
Mumbai – 400 104. ) … Respondents
WITH
WRIT PETITION NO. 1492 OF 2016
1 CENTRAL MUMBAI DEVELOPERS )
WELFARE ASSOCIATION, a society )
Registered under the Societies Registration )
Act, 1860 and having its registered office at )
702, Runwal & Omkar Esquare, Eastern )
Express Highway, Sion (East),Mumbai 400 022.)
2 BHAVESH CHANDRAKANT SHAH )
Age: Adult, Indian Citizen, Manager of )
Central Mumbai Developers Welfare )
Association, vide resolution having his )
office at 702, Runwal & Omkar Esquare, )
Eastern Express Highway, Sion (East), )
Mumbai 400 022. ) … Petitioners
Versus
1 STATE OF MAHARASHTRA )
Through the Principal Secretary )
Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 MUNICIPAL CORPORATION OF )
GREATER MUMBAI )
A statutory corporation incorporated under )
the Mumbai Municipal Corporation Act, )
1888; and having its Office at Mahapalika )
Marg, C.S.T., Mumbai 400 001. )
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3 THE MUNICIPAL COMMISSIONER )
Municipal Corporation of Greater Mumbai )
having his office at Mahapalika Marg, )
C.S.T., Mumbai 400 001. ) … Respondents
WITH
WRIT PETITION (L) NO. 16598 OF 2022
1 Ameya Realtors Pvt. Ltd. )
A company registered under the Companies )
Act, 1956, having its registered address at )
B-101, Aditya Heritage, V.N.Purav Marg, )
Sion-Chunabhatti, Mumbai 400 022 )
2 Eastern Heights Co-operative Housing )
Society Ltd. )
A co-operative housing society incorporated)
under the Maharashtra Co-operative Societies)
Act, 1960, having its address at Building No.7,
C.T.S.No. 458 (Pt.), Opp.Everard Nagar, )
Sion-Chunabhatti, Mumbai – 400 022 ) ….. Petitioners
Versus
1 The State of Maharashtra, )
Through its Urban Development Department)
having its office at Mantralaya, Madam )
Cama Road, Hutatma Rajguru Square, )
Nariman Point, Mumbai – 400 032 )
2 The Maharashtra Housing Area and )
Development Authority, )
A statutory corporation established under )
section 3 of the Maharashtra Housing and )
Area Development Act, 1976, )
3 The Executive Engineer, )
Building Permission Cell, Greater Mumbai )
(ES), MHADA, An officer of the )
Respondent No.2 Both having their address at
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MHADA, Grihanirman Bhavan, Kalanagar, )
Bandra (East), Mumbai 400 051 ) ….. Respondents
WITH
WRIT PETITION (L) NO. 16659 OF 2022
1 Vir Bhuvan Co-operative Housing )
Society Ltd. a Society registered )
under the provisions of the Maharashtra )
Cooperative Societies Act 1961 having its )
st
address at 102, 103, Smag House, 1 floor, )
Plot no.157-A, Sarojini Road Extension, )
Vile Parle (West), Mumbai 400 056 )
2 Parinee Vir Bhuvan Redevelopment )
Pvt. Ltd., a company incorporated under the )
provisions of the Companies Act, 1956 and )
having its office at 102/ 103, Smag House, )
st
1 floor, Plot no. 157-A, Sarojini Road )
Extension, Vile Parle (West), )
Mumbai 400 056 ) .. Petitioners
VERSUS
1 State of Maharashtra through the )
The Urban Development Department )
having its office at Mantralaya, )
Mumbai 400 032 )
2 The Maharashtra Housing and Area )
Development Authority, having its address )
at Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051 )
3 Executive Engineer (B.P) (W.S.) )
Building Permission Cell, Greater Mumbai )
Having its address at MHADA Building, )
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051 ) .. Respondents
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WITH
WRIT PETITION (L) NO. 17473 OF 2022
1 ALAG AARCHIE LLP )
A Limited liability partnership incorporated )
under the provisions of the Limited Liability )
Partnership Act, 2005 having its address at )
Shop No. 2, Prabhukrupa Building, )
Plot No. 28, Tilak Road, Ghatkopar (East), )
Mumbai - 400077. ) .... Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at)
Grihanirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400051 )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051.)
3 GHATKOPAR TRUPTI CO-OPERATIVE )
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at )
Building No. 80, Pant Nagar, )
Ghatkopar (East), Mumbai – 400 075. ) …RESPONDENTS
WITH
WRIT PETITION (L) NO. 17478 OF 2022
1 ALAG LIFESPACE LLP )
A Limited liability partnership incorporated )
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under the provisions of the Limited Liability )
Partnership Act, 2005 having its address at )
Shop No. 2, Prabhukrupa Building, )
Plot No. 28, Tilak Road, Ghatkopar (East), )
Mumbai - 400077. ) ..... Petitioner
Versus
1 THE MAHARASHTRA HOUSING AREA )
AND DEVELOPMENT AUTHORITY )
A Body corporate established under Section 3)
of the Maharashtra Housing and Area )
Development Act 1976, having its address at )
Grihanirman Bhavan, Kala Nagar, Bandra )
(East), Mumbai 400 051. )
2 THE EXECUTIVE ENGINEER, )
(BUILDING PROPOSAL), )
GREATER MUMBAI )
An officer of Respondent No.1 having his )
office address at Grihanirman Bhavan, )
Kala Nagar, Bandra (East), Mumbai 400 051.)
3 PANTNAGAR HEMANT CO-OPERATIVE)
HOUSING SOCIETY LIMITED )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies)
Act, 1960 having its address at )
Building No. 73, Pant Nagar, Ghatkopar )
(East), Mumbai – 400 075. ) … Respondents
WITH
WRIT PETITION (L) NO. 17485 OF 2022
HS ALAG REALTY LLP )
A Limited liability partnership incorporated
under the provisions of the Limited
Liability Partnership Act, 2005 having its
address at Shop No. 2, Prabhukrupa
)
)
)
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Building, Plot No. 28, Tilak Road,
Ghatkopar (East), Mumbai - 400077. …PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
)
A Body corporate established under
Section 3 of the Maharashtra Housing
and Area Development Act 1976,
having its address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PROPOSAL),
GREATER MUMBAI
)
)
)
An officer of Respondent No.1 having
his office address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
3 PANTNAGAR AMRUTWEL CO-
OPERATIVE HOUSING SOCIETY
LIMITED
)
)
)
A co-operative housing society
incorporated under the Maharashtra
Co-operative Societies Act, 1960
having its address at Building No. 44,
Pant Nagar, Ghatkopar (East),
Mumbai – 400 075.
)
)
)
)
))
…RESPONDENTS
WITH
WRIT PETITION (L) NO. 17501 OF 2022
CONTOUR DEVELOPERS LLP )
A Limited liability partnership )
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incorporated under the provisions of the
Limited Liability Partnership Act, 2005
having its address at 401, X-Cube, Plot
636, Opp. Fun Republic Theatre, Off Link
Road, Andheri (W), Mumbai – 400 052.
)
)
)
)
)
…PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
A Body corporate established under
Section 3 of the Maharashtra
Housing and Area Development Act
1976, having its address at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PROPOSAL),
GREATER MUMBAI
)
)
)
An officer of Respondent No.1
having his office address at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051.
)
)
)
)
3 GHATKOPAR DEVANGANA CO-
OPERATIVE HOUSING SOCIETY
LIMITED
)
)
)
A co-operative housing society
incorporated under the Maharashtra
Co-operative Societies Act, 1960
having its address at Building No.
41, Pant Nagar, Ghatkopar (East),
Mumbai – 400 075..
)
)
)
)
)
) …RESPONDENTS
WITH
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WRIT PETITION (L) NO. 17633 OF 2022
1 Krishnakumar Bhagwantiprasad )
Alias Bhagwantrao Gupta, )
Adult Indian Inhabitant, residing at )
Parvati Darshan, Nandivali Road )
Dombivali (West) Thane )
2 Pravin Bhagwantiprasad, )
Adult Indian Inhabitant, residing at 10, )
Sulbha Apartment, Karnik road )
Kalyan (West), Thane )
3 Vidya Vijay Adhikari, )
Adult Indian Inhabitant, residing at )
Rambhali, Near CME Gate, Pune Nasik )
Road, Bhosar, Pune )
4 Shailaja Balakrishna Chawan, )
Adult Indian Inhabitant, residing at )
Chawan’s House, Shiv Mandir Road, )
Govandi (East) Mumbai )
5 Khemant Nandu, )
Sole Proprietor of Yashvi Corporation )
Having office at Ashwini Niwas, )
M.P Road, Vishnu Nagar, )
Dombivali (West), Thane ) ….. Petitioners
Versus
1. State of Maharashtra, )
Urban Development Department, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2. The Collector, Mumbai suburban District)
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
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3. Municipal Corporation of Greater Mumbai)
Through its Legal Department, Mahapalika)
Bhavan, CST, Mumbai 400 001 )
4. Sub Engineer, Building Proposals, )
E.S. Municipal Corporation of Greater )
Mumbai, Near Raj Legacy, Paper Mill )
Compound, L.B.S. Marg, Vikhroli (West)
Mumbai 400 083 ) ….. Respondents
WITH
WRIT PETITION (L) NO. 17675 OF 2022
1. Madhurika Arvind Joshi, )
Adult Indian inhabitant, residing at Sai )
th
Prasad, 10 Road, Chembur, Mumbai )
400 071, through her Power of Attorney )
Holder Mr. Kiran M. Shah )
2. M/s. Trinity Builders, )
A Partnership firm duly registered under )
the Provisions of the Indian Partnership Act,)
1932, having its office at 204, Akshay )
st
Plaza 1 Road, Chembur, )
Mumbai 400 071 )
3. Kiran M. Shah, )
Adult Indian Inhabitant, Partners of )
M/s. Trinity Builders, having his office at)
Office no. 204, Akshay Plaza, )
st
1 Road, Chembur, Mumbai 400 071 ) ….. Petitioners
Versus
1. State of Maharashtra, )
Urban Development Department, )
Through the office of the Government)
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001)
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2. The Collector, Mumbai Suburban District)
Through the office of the Government)
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001)
3. Municipal Corporation of Greater Mumbai)
Through its Legal Department, Mahapalika
Bhavan, CST, Mumbai 400 001 )
4. Sub Engineer, Building Proposals, )
E.S. Municipal Corporation of Greater)
Mumbai, Near Raj Legacy, )
Paper Mill Compound, L.B.S. Marg, )
Vikhroli (West), Mumbai 400 083 ) ….. Respondents
WITH
WRIT PETITION NO. 2363 of 2017
1. Richa Realtors Pvt. Ltd. )
A company registered under Indian )
Companies Act, 1956, having its )
Registered office at 101, Kshitij Bldg. )
Sena Bhavan Path, Dadar West, )
Mumbai-400 028. )
2. Mr. Anil Baburao Thote, )
Director of the Petitioner No.1 )
having his office at 101, Kshitij )
Bldg., Sena Bhavan Path, )
Dadar West, Mumbai – 400 028 ) …Petitioners
Versus
1. State of Maharashtra, )
Through Government Pleader )
P.W.D. Building, High Court Mumbai )
2. Municipal Corporation of Brihan )
Mumbai a statutory corporation )
incorporated underthe provisions of )
the Mumbai Municipal Corporation Act, )
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1888 having its registered Office at )
Mahapalika Bhavan, Mahapalika Marg, )
Mumbai-400001 )
3. The Municipal Commissioner )
Municipal Corporation of Greater )
Mumbai having his office at Mahapalika )
Marg, Fort, Mumbai - 400 001 )
4. Building Proposal Department )
W.S., R K Patkar Marg, )
Near Bhabha Hospital, Bandra West )
Mumbai, 400050 )
5. Deputy CHE, )
Building Proposal Department, W.S. )
R K Patkar Marg, )
Near Bhabha Hospital, Bandra West )
Mumbai, 400050 )
6. Maharashtra Housing & Area Development)
Authority (MHADA) )
Grihnirman Bhavan, Kala Nagar, )
Bandra East, Mumbai-400 0051 ) .. Respondents
WITH
WRIT PETITION NO. 2716 of 2017
1. Richa Realtors Pvt. Ltd. )
A company registered under Indian )
Companies Act, 1956, having its )
Registered office at 101, Kshitij Bldg., )
SenaBhavan Path, Dadar West, )
Mumbai-400 028. )
2. Mr. Anil Thote, Partner of the )
Petitioner having his office at )
101, Kshitij Bldg., SenaBhavan Path, )
Dadar West, Mumbai – 400 028 ) …Petitioners
Versus
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1 State of Maharashtra, )
Through Government Pleader )
P.W.D. Building, High Court Mumbai )
2 Municipal Corporation of Brihan )
Mumbai a statutory corporation )
Incorporated under the provisions of )
the Mumbai Municipal Corporation Act,)
1888 having its registered Office at )
MahapalikaBhavan, MahapalikaMarg, )
Mumbai-400001 )
3 The Municipal Commissioner )
Municipal Corporation of Greater )
Mumbai having his office at Mahapalika)
Marg, Fort, Mumbai - 400 001 )
4 Building Proposal Department )
st
E.S. 1 floor, Rajlingsi Building, )
Paper Mill Compoound )
LBS Road, Vikhroli West, )
Mumbai-400 078 )
5 Deputy CHE, )
Building Proposal E.S. )
st
1 floor, Rajlingsi Building, )
Paper Mill Compoound )
LBS Road, Vikhroli West, )
Mumbai-400 078 )
6 Maharashtra Housing & Area Development )
Authority (MHADA) )
GrihnirmanBhavan, Kala Nagar, )
Bandra East, Mumbai-400 0051 ) .. Respondents
WITH
WRIT PETITION (L) NO. 18181 OF 2022
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SANA ENTERPRISES
A partnership firm registered under the Indian
Partnership Act 1932, having its registered
office address at Shop No.1, Kalina Sangam
CHS Ltd, Plot No 4917, Kole-Kalyan, Kalina,
Manipada, Santacruz (East), Mumbai – 400
098.
)
)
)
)
)
…PETITIONER
)
VERSUS
1. THE MAHARASHTRA HOUSING AREA
AND DEVELOPMENT AUTHORITY
)
)
A Body corporate established under Section 3
of the Maharashtra Housing and Area
Development Act 1976, having its address at
Grihanirman Bhavan, Kala Nagar, Bandra
(East), Mumbai 400 051.
)
)
)
2. THE EXECUTIVE ENGINEER, (BUILDING
PROPOSAL), MHADA
)
)
An officer of Respondent No.1 having his
office address at Building Permission Cell,
MHADA, Bandra (East), Mumbai – 400 051.
)
)
)
3. TILAK NAGAR PRAGATI CO-
OPERATIVE HOUSING SOCIETY
LIMITED
A co-operative housing society
incorporated under the Maharashtra Co-
operative Societies Act, 1960 having its
address at 36/1, Tilak Nagar, Chembur,
Mumbai – 400 089.
)
)
)
)
)
) …RESPONDENTS
WITH
WRIT PETITION (L) NO. 18252 OF 2022
GAMMON REALTY LIMITED )
A Company registered under the provisions
of the Companies Act, 1956 and deemed to
)
)
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have been registered under the Companies
Act, 2013having its address at 3rd Floor,
Plot No. 3/8, Hamilton House, J.N. Heredia
Marg, Ballard Estate, Mumbai - 400 038
)
)
)
) …PETITIONER
VERSUS
THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
A Body corporate established under
Section 3 of the Maharashtra Housing
and Area Development Act 1976,
having its address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
)
)
THE EXECUTIVE ENGINEER,
(BUILDING PROPOSAL),
GREATER MUMBAI
)
)
An officer of Respondent No.1 having
his office address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
BANDRA ABHIJIT CO-OPERATIVE
HOUSING SOCIETY LIMITED
)
)
A co-operative housing society
incorporated under the Maharashtra
Co-operative Societies Act, 1960
having its address at Building No. 4,
Kher Nagar, Bandra (East), Mumbai –
400051.
)
)
)
)
)
…RESPONDENTS
WITH
WRIT PETITION (L) NO. 18290 OF 2022
1. Vikhroli Saikrupa Co-op. Housing )
Society Ltd. formed under the )
provisions of Maharashtra Co-operative )
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Housing Societies Act, 1960, bearing )
Registration No. BOM/HSG/1790/1985-86)
dated 31/01/1986, having its registered )
office at Building No.6, Tagore Nagar, )
Vikhroli, Mumbai 400 083 )
2. M/s.Nirvaana Constructions LLP, )
a partnership firm registered under the )
provisions of Limited Liability Partnership)
Act, 2008, having its office at 1205, )
Universal Majestic, Opp. R.B.K.International)
School, Chembur, Mumbai 400 043 ) ….. Petitioners
Versus
1. Mumbai Housing Area Development )
Authority, a body corporate established)
under section 3 of the Maharashtra Housing)
and Area Development Act, 1976, having)
its address at Griha Nirman Bhavan,)
Kalanagar, Bandra (East), Mumbai 400 051)
2. Vice President and Chief Executive Officer)
Mumbai Housing Area Development )
Authority having his office at )
Griha Nirman Bhavan, Kalanagar,Bandra)
(East), Mumbai 400 051 )
3. Building Permission Cell, Greater Mumbai)
Mumbai Housing Area Development )
Authority, through executive engineer,)
(B.P. Cell) Greater Mumbai/MHADA )
having its office at Griha Nirman Bhavan,)
Kalanagar, Bandra (East), Mumbai 400 051)
4. The State of Maharashtra, )
through the Secretary, Urban Development)
Department, Mantralaya, Mumbai 400 032) ….. Respondents
WITH
WRIT PETITION NO. 3018 OF 2021
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WITH
WRIT PETITION (L) NO. 18616 OF 2022
Kamala Hub Juhu Office Premises Co-operative )
Society Limited )
a society registered under the provisions )
of the Maharashtra Co-operative Societies )
Act, 1960 under registration No. )
MUM/WKP/GNL/O/2574/2015-16 )
having its address at Kamla Hub, )
CTS No.35 (PT), Plot No.53, )
JVPD Scheme, Vile Parle (West) )
Mumbai - 400 049. )
Versus
1. Maharashtra Housing and Area )
Development Authority )
A statutory Authority duly constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Griha Nirman Bhavan )
MHADA, Bandra (East) )
Mumbai - 400051. )
2. The Chief Officer )
Maharashtra Housing and Area Development )
Authority, an Authority duly constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Griha Nirman Bhavan )
MHADA, Bandra (East) )
Mumbai - 400051. )
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3. Building Permission Cell, Gr. Mumbai )
Through the Executive Engineer )
(B.P. Cell) Greater Mumbai/MHADA )
having its office at Griha Nirman Bhavan, )
MHADA, Bandra (East) )
Mumbai - 400 051. )
4. The Municipal Corporation of Gr. Mumbai )
A statutory Corporation having its office at )
Mahapalika Marg, Fort, )
Mumbai – 400001. )
5. The State of Maharashtra )
through the Urban Development Department )
having its office at Mantralaya, )
Mumbai - 400 032. )
6. Kamala Param Constructions Private Limited )
a company incorporated under the provisions of )
of the Companies Act, 1956 now governed )
under the provisions of the Companies Act, 2013 )
having its registered office at Plot No.9, )
Gulmohar Road No.1, )
JVPD Scheme, Near Juhu Circle )
Andheri (West) Mumbai 400 049 and )
its Corporate office address at Terminal 9, )
Nehru Road, Vile Parle (E), Mumbai - 400 099. )
WITH
WRIT PETITION (L) NO. 18755 OF 2022
1 Asshna Developers Westin )
a Sole Proprietary concern of Mr.Amith C. )
Punjabi having its registered office at )
st
Sky Crest, 1 Floor, Next to ICICI Bank, )
Road No.03, Liberty Garden, Malad (West) )
Mumbai – 400 064. )
Versus
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1 Maharashtra Housing & Area Development )
Authority, A Statutory Authority duly )
constituted under the provisions of the )
Maharashtra Housing and Area Development )
Act, 1976, having its office at Griha Nirman )
Bhavan MHADA, Bandra (East) )
Mumbai - 400051. )
2 The Chief Officer, )
Maharashtra Housing & Area Development )
Authority, A Statutory Authority duly )
constituted under the provisions of the )
Maharashtra Housing and Area Development )
Act, 1976,having its office at Griha Nirman )
Bhavan MHADA, Bandra (East), )
Mumbai - 400051. )
3 Building Permission Cell, Greater Mumbai )
Through the Executive Engineer, (B.P. Cell) )
having its office at Griha Nirman Bhavan )
MHADA, Bandra/MHADA, )
having its office at Griha Nirman Bhavan )
MHADA, Bandra (East), Mumbai - 400051. )
4 The Municipal Corporation of Greater )
Mumbai, a statutory corporation having its )
office at Mahapalika Marg, Mumbai - 400 001)
5 The State of Maharashtra )
through its Urban Development Department, )
Having its office at Mantralaya, Mumbai-32. )
6 Ekopa Sahaniwas Co-operative Housing )
Society Limited, A society registered under )
the Maharashtra Co-operative Societies Act, )
1960 under registration No.BOM/HSG/4652 )
of 1975 having its registered address at )
Building No.1, Aram Nagar, Andheri (W) )
Mumbai – 400 061. ) ...Respondents
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WITH
WRIT PETITION NO. 404 OF 2017
1 KDI Holdings Private Limited, )
a company incorporated under the provisions )
of Indian Companies Act, 1956 and having )
its office at B-106, Sanjay Apartment, )
S.V.P. Road, Borivali (West), )
Mumbai - 400 092. )
2 Mr. Chetan Shah, an adult Indian Inhabitant, )
Director of Petitioner No.1 and having his )
office at B-106, Sanjay Apartment, )
S.V.P. Road, Borivali (West), )
Mumbai - 400 092 ) …. Petitioners
Versus
1 State of Maharashtra )
through its Urban Development Department, )
Mantralaya, Mumbai. )
2 Municipal Corporation of Greater Mumbai)
through the Municipal Commissioner, )
Head Office, Opp. Azad Maidan, )
Mumbai - 400 001. )
3 Mumbai Housing Area Development Authority)
a local authority having its office at Griha )
Nirman Bhavan, Kalanagar, Bandra (East) )
Mumbai - 400 051 ) …. Respondents
WITH
WRIT PETITION NO. 2985 OF 2018
1 Rohan Developer Pvt.Ltd., )
A company incorporated under the )
Companies Act, 1956 having their )
Registered office at Gordhan Building No.II)
nd
2 floor, 12/14, Dr. Parekh Street, )
Prathana Samaj, Mumbai 400 004 )
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2 Indo Global Soft Solutions and )
Technologies Pvt. Ltd. a company )
Incorporated under the provisions of )
The companies Act, 1956 and having )
Its registered office at Plot No. 41 )
Rajiv Gandhi Infotech Park, Phase 1 )
Near B.M School Hinjewadi, Pune )
Maharashtra 411 052 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Urban Development Department, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Legal Department, , Mahapalika Marg, )
M.G. Road, fort, Mumbai 400 001)
3 Ex. Engineer, Building Proposals, (City) )
F/North Ward, Municipal Corporation of )
Greater Mumbai, Plot No. 96, )
Bhau Daji Road, King Circle, )
Matunga (East), Mumbai 400 019 )
4 Office of Asstt,. Comm. (Estate), )
Municipal Corporation of Greater Mumbai)
Municipal Building, (Extension). )
th
4 Floor, Fort, Mumbai 400 001 ) ….. Respondents
WITH
WRIT PETITION NO. (L) 19781 OF 2022
1 M/s. Kabra & Associates )
a Partnership Firm, duly registered under )
the provisions of the Indian Partnership )
Act, 1932, and having its registered office at )
th
1001, 10 Floor, Kamla Hub, )
N.S. Road No. 1, JVPD Scheme, )
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6 Assistant Registrar of Co-operative )
Societies (MHADA), Bandra East, )
Mumbai – 400051 )
7 Dindoshi Darshan Co-operative Housing )
Society Ltd., a society registered under the )
Maharashtra Co-operative Societies Act, )
1960, having its registered office at )
Building No. 1, Shivdham Complex, )
Opp. Dindoshi Fire Station, Dindoshi, )
Malad (East), Mumbai – 400 097. )
8 The State of Maharashtra, )
through its Urban Development )
Department, Mantralaya, Mumbai. ) ...Respondents
WITH
WRIT PETITION (L) NO.20227 OF 2022
V Laxmi Estate Developers Private Limited )
a company incorporated within the provisions of )
the Companies Act, 2013 having its address at )
SH-02 C Wing, Building No.150, )
Kannamwar Nagar, Near Shivsena Shakha, )
Vikhroli (E), Mumbai – 400 083. ) … Petitioner
Versus
1 Maharashtra Housing Area )
and Development Authority )
A Body corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
2 The Executive Engineer, (Building Proposal), )
MHADA, An officer of respondent no.1 )
having his office address at Building )
Permission Cell, MHADA, Bandra (East), )
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Mumbai – 400 051. )
3 Chembur Pitruchhaya Co-operative Housing )
Society Limited )
A Co-operative Housing Society incorporated )
under the Maharashtra Co-operative Societies )
Act, 1960 having its address at Building No.10, )
Subhash Nagar, Chembur (W), )
Mumbai – 400071 )
4 State of Maharashtra, )
Through its Chief Secretary )
Mantralaya, Mumbai- 400 032. ) .. Respondents
WITH
WRIT PETITION NO. 3172 OF 2022
1 SHIVAJI NAGAR SHIV-KIRAN )
CO-OPERATIVE HOUSING )
SOCIETY LIMITED )
a co-operative housing society duly )
registered under the Maharashtra )
Co-operative Societies Act, 1960 )
bearing Registration No. )
BOM/HSG/7839/82 )
th
dated 15 April 1982 and )
having registered office at Bldg. )
Nos. 6 and 7, Shivaji Nagar, )
Worli, Mumbai 400 025. )
2 SUGEE DEVELOPERS )
PRIVATE LIMITED )
a company incorporated under )
the Companies Act, 1956 and)
rd
having its office at 3 Floor )
Nirlon House, Opp. Sasmira )
College, Dr. Annie Besant Road, )
Worli, Mumbai – 400 030 ) … Petitioners
Versus
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1 STATE OF MAHARASHTRA )
Through the Principal Secretary )
Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 MAHARASHTRA HOUSING )
AND AREA DEVELOPMENT )
AUTHORITY, a Statutory )
Authority constituted under the )
provisions of the Maharashtra )
Housing & Area Development )
Act, 1976 having office at Griha )
Nirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
3 EXECUTIVE ENGINEER )
Building Permission Cell, Greater )
Mumbai, MHADA, having office )
at Griha Nirman Bhavan, Kala )
Nagar, Bandra (East), )
Mumbai 400 051. ) … Respondents
WITH
WRIT PETITION NO.2090 OF 2021
Samudra Darshan Co-operative )
Housing Society Limited, a Co-operative )
housing society registered under the, )
Provisions of the Maharashtra Co-operative, )
Society Act, 1960 having its registered, )
Address at Building Nos.9, 12, 13, 14, )
D. N. Nagar, Andheri (West), )
Mumbai – 400 053. ) … Petitioner
Versus
1 Mumbai Housing Area Development Authority )
A Body corporate established under )
Section 3 of the Maharashtra Housing )
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and Area Development Act 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
2 Vice President & Chief Executive Officer )
Mumbai Housing Area Development )
Authority having his address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
3 THE EXECUTIVE ENGINEER, )
Building Permission Cell, Greater Mumbai )
Mumbai Housing Area Development )
Authority, an officer of Respondent No.1 )
having his office address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
4 Samudra Darshan Gruhpravesh LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
B-106, Concord, 2nd Lane, Lokhandwala )
Complex, Andheri (West), Mumbai - 400 053. )
5 The State of Maharashtra, )
Through its Urban Development Department)
Mantralaya, Mumbai ) .. Respondents
WITH
WRIT PETITION (L) NO. 20727 OF 2022
1 New Siddharth Nagar Pancham C0-
operative Housing society under the
provisions of Maharashtra co-operative
societies Act, 1960 situate at plot
bearing CTS No. 356(part) village
)
)
)
)
)
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Pahadi, Goregaon, Siddharth Nagar
Goregaon (West) Mumbai 400 104
)
)
2 Oxford Planet realty LLP limited
liability partnership firm having its
registered office at 7, Shiv Sagar co-
operative Housing Society sector -1,
Charkop Kandivali West, Mumbai 400
067
)
)
)
)
)
) ... Petitioners
Versus
1 Mumbai housing Area development
authority, a body corporate established
under section 3 of the Maharashtra
Housing and area development Act,
1976, having its address at Grihnirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051
)
)
)
)
)
)
)
2 Vice president and chief executive
officer Mumbai Housing Area
Development authority having his
address at Grihnirman Bhavan, Kala
Nagar, Bandra (East), Mumbai 400 051
)
)
)
)
)
3 Building Permission Cell, Greater
Mumbai, Mumbai Housing Area
Development Authority, through
executive engineer (B.P Cell) Greater
Mumbai / MHADA having its office at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
)
)
)
4 The State of Maharashtra
through the secretary, urban
development department, Mantralaya
Mumbai 400 032
)
)
)
) … Respondents
WITH
WRIT PETITION (L) NO. 20899 OF 2022
STAR RAISE
A partnership Firm having its address at Office
nd
No.34, 2 Floor, Sayba Palace, New Mill
Road, Kurla (West), Mumbai – 400 024.
)
)
)…PETITIONER
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VERSUS
1 THE MAHARASHTRA HOUSING AREA
AND DEVELOPMENT AUTHORITY
)
A Body corporate established under Section 3
of the Maharashtra Housing and Area
Development Act 1976, having its address at
Grihanirman Bhavan, Kala Nagar, Bandra
(East), Mumbai 400 051.
)
)
)
2 THE EXECUTIVE ENGINEER, (BUILDING
PROPOSAL), MHADA
)
An officer of Respondent No.1 having his
office address at Building Permission Cell,
MHADA, Bandra (East), Mumbai – 400 051.
)
)
3
TILAK NAGAR PRAGATI CO-
OPERATIVE HOUSING SOCIETY
LIMITED
A co-operative housing society
incorporated under the Maharashtra Co-
operative Societies Act, 1960 having its
address at 36/1, Tilak Nagar, Chembur,
Mumbai – 400 089.
)
)
)
)
)… RESPONDENTS
WITH
WRIT PETITION NO. 216 OF 2019
1 Rajendra Nagar Siddhivinayak )
Co-operative Housing Society Limited )
a society registered under the provisions )
of the Maharashtra Co-operative Societies)
Act, 1960 bearing registration no. )
BOM/WR/HSG/(OH)/3520/1988-89 )
Having its registered address at )
20/344, Rajendra Nagar, MHB Colony )
Borivali (East), Mumbai – 400066 )
2 M/s Triumph Ventures )
Partnership firm registered under the )
Provisions of the Indian Partnership Act, )
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1932, having registered office at 1/ )
Chintamani Plaza, Ground floor, )
Andheri Kurla Road, Andheri (East), )
Mumbai 400099 through its partner )
Mr. Rajiv Anant Shah, Karta of Rajiv )
Anant Shah HUF ) .… Petitioners
Versus
1 The State of Maharashtra, )
through the Urban Development )
Department, having its office at )
Mantralaya, Mumbai – 400032. )
2 The Municipal Corporation of Greater )
Mumbai, a statutory corporation established)
and constituted under the provisions of the )
Mumbai Municipal Corporation Act, 1888,)
having its office at Annexe Building, )
Mahapalika Marg, Mumbai - 400 001. )
3 Maharashtra Housing and Area )
Development Authority, )
an authority established and constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976,)
having its office at Griha Nirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051. ) …. Respondents
WITH
WRIT PETITION NO. 2818 OF 2016
1 Chembur Brindavan Co-operative Housing)
Society Ltd., )
A Co-operative Housing Society registered)
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Under the provisions of Maharashtra )
Cooperative Societies Act, 1960, )
having its registered office at )
rd
“Brindavan”, Plot No. 92, 3 Road, )
Chembur, Mumbai 400 071 )
2 M/s. Mahavir Enterprises, )
Through its Partners, )
Mr. Dhiren M. Gala )
A partnership firm carrying on business )
At 5, Saras Baug, S.T. Road, Deonar )
Mumbai 400 088 ) ….. Petitioners
Versus
1 State of Maharashtra, )
Through the Urban Development )
Department, Government of Maharashtra)
Though office of government Pleader, )
High Court, (O.S.) Bombay, )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Having its office, Mahapalika Marg, )
M.G. Road, Fort, Mumbai 400 001 )
3 Executive Engineer, (Building Proposals),
(Building Proposal) E.S.-1, )
Municipal Corporation of Greater Mumbai)
Near Raj Legacy, Paper Mill Compound )
L.B.S. Marg, Vikhroli (West), )
Mumbai 400 083 ) ….. Respondents
WITH
WRIT PETITION NO. 2536 OF 2017
1 Divisha Developers 2645 LLP )
a limited liability partnership )
duly registered under the provisions of the )
Limited Liability Partnership Act, 2008 )
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having their registered address at )
nd
2 floor, J.K. Somani Building )
British Hotel Lane, Fort, Mumbai 400 001. )
And another address at )
J-101, Nisarg, Opp. Panchsheel Height )
Mahavir Nagar, Kandivali (West) )
Mumbai – 400 067. )
2 Rajendra Kapurchand Shah )
of Mumbai, Indian Inhabitant )
Partner of the petitioner no.1 )
having his officer at )
nd
2 floor, J.K. Somani Building, )
British Hotel Lane, Fort, Mumbai 400 001. )
And another address at )
J-101, Nisarg, Opp. Panchsheel Height )
Mahavir Nagar, Kandivali (West) )
Mumbai – 400 067. )
Versus
1 State of Maharashtra )
through its Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 Municipal Corporation of Gr. Mumbai )
through the Municipal Commissioner, )
having its Head Officer at Mahapalika Bhavan )
Mahapalika Marg, Opp. Azad Maidan )
Mumbai 400 001. )
3 Maharashtra Housing and Area )
Development Authority )
having its office at : Griha Nirman Bhavan )
Kalanagar, Bandra (East) )
Mumbai 400 051. )
4 Ruturaj Vasant Co.Op Housing Society Ltd. )
a society registered under the provisions of )
Maharashtra Co-operative Societies Act, 1960 )
having its address at Building No.22, )
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MHB Colony Nagar, Borivali (West) )
Mumbai - 400091. )
WITH
WRIT PETITION (L) NO.22696 OF 2022
1 Kaustubh Construction Pvt. Ltd. )
A company registered under the Companies )
Act, 1956, having its registered address at )
th
401, 4 Floor, Gundecha Solitaire, )
Magathane, Borivali (East), )
Mumbai 400 066 )
2 Charkop Ravi Kiran Co-operative Housing )
Society Ltd. )
A co-operative housing society incorporated )
under the Maharashtra Co-operative Societies )
Act, 1960, having its address at )
C.T.S.No. 1C/1/167 of Village Kandivali )
Plot No. 216, RDP-8, Sector-4, )
Charkop, Kandivali (W), Mumbai – 400 067 ) ….. Petitioners
Versus
1 The State of Maharashtra, )
Through its Urban Development Department)
having its office at Mantralaya, Madam )
Cama Road, Hutatma Rajguru Square, )
Nariman Point, Mumbai – 400 032 )
2 The Maharashtra Housing Area and )
Development Authority, )
A statutory corporation established under )
section 3 of the Maharashtra Housing and )
Area Development Act, 1976 )
3 The Executive Engineer, )
Building Permission Cell, Greater Mumbai )
(WS), MHADA, )
An officer of the Respondent No.2 Both )
having their address at MHADA, )
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Grihanirman Bhavan, Kalanagar, Bandra )
(East), Mumbai 400 051 ) ... Respondents
WITH
WRIT PETITION (L) NO.23017 OF 2022
1 Pantnagar Ashirwad Co-op. Housing Society Ltd. )
formed under the Provisions of the Maharashtra )
Co-operative Societies Act, 1960 bearing )
Registration No.BOM/HSG/7791/82, )
having its registered office at Building No.106, )
Sahakar Market, Pant Nagar, Ghatkopar East, )
Mumbai – 400 075. )
2 M/s. Shreedham Developers, a partnership )
firm registered under the provisions of Indian )
Partnership Act, 1932, having office at 1205, )
Universal Majestic, Opp. R.B.K. International )
School, Chembur, Mumbai – 400 043. ) … Petitioners
Versus
1 Mumbai Housing Area Development Authority )
A Body corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
2 Vice President & Chief Executive Officer )
Mumbai Housing Area Development )
Authority having his address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
3 Building Permission Cell, Greater Mumbai )
Mumbai Housing Area Development )
Authority, through executive officer )
(B.P. Cell) Greater Mumbai/MHADA )
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having his office address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai - 400 051. )
4 State of Maharashtra, )
Through its Urban Development Department )
Mantralaya, Mumbai- 400 032. ) ..Respondents
WITH
WRIT PETITION NO. 2903 OF 2018
Vibrant Homes LLP )
A limited liability Partnership, )
Incorporated under the provisions of Limited )
Liability Partnership Act, 2008 having its )
registered office at V55, Dr.E.Moses Road, )
Worli, Mumbai – 400 018 ) ….. Petitioner
Versus
1 Municipal Corporation of Greater Mumbai )
a body incorporated under the Mumbai )
Municipal Corporation Act, 1888, having )
its office at Mahapalika Road, )
Mumbai – 400 001 )
2 The Executive Engineer, )
Building Proposal (City), )
F/N Ward, MCGM Office, Near Antop )
Hill, Wadala, Mumbai )
3 Maharashtra Housing and Area Development)
Authority, a body incorporated under the )
MHADA Act, 1976, having its office at )
Grihanirman Bhavan, Bandra (East), )
Mumbai – 400 051 ) ….. Respondents
WITH
WRIT PETITION NO. 23555 OF 2022
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M/s. PRAGATI DEVELOPERS )
Through its duly resolved and authorized )
Partner Mr. Teja Kesha Ravariya, )
Age: __ years, Occ. – Business )
Adult Indian Inhabitants, )
Having office at, Office No. 101, J.K. Chambers, )
Plot No. 76, Sector – 17, Vashi, )
Navi Mumbai - 400703 ) …Petitioner
Versus
1 MAHARASHTRA HOUSING AND AREA )
DEVELOPMENT AUTHORITY (MHADA) )
Having its Head Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 )
2 BUILDING PERMISSION CELL )
GREATER MUMBAI MHADA )
Through Executive Engineer Building Proposal )
Cell (Eastern Suburban) )
Having its Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 )
3 STATE OF MAHARASHTRA )
Through Government Pleader )
4 MUNICIPAL CORPORATION OF )
GREATER MUMBAI (MCGM) )
Having its office at, MCGM Head Office )
Mahapalika Marg, Opp. CSMT, Fort, )
Mumbai – 400001 )
5 ASST. REGISTRAR OF CO-OPERATIVE )
SOCIETIES, MHADA )
Having its Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 ) .. Respondents
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WITH
WRIT PETITION NO. 23556 OF 2022
M/S. ELITE ASSOCIATES )
Through Mr. Pawan Ashok Tharwani, )
Age: __ years, Occ. – Business )
Adult Indian Inhabitants, )
Having office at, Building No. 62, )
Akshay Paradise, Tilaknagar, )
Mumbai – 400089 ) …Petitioner
Versus
1 MAHARASHTRA HOUSING AND AREA )
DEVELOPMENT AUTHORITY (MHADA) )
Having its Head Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 )
2 BUILDING PERMISSION CELL )
GREATER MUMBAI MHADA )
Through Executive Engineer Building Proposal )
Cell (Eastern Suburban) )
Having its Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 )
3 STATE OF MAHARASHTRA )
Through Government Pleader )
4 MUNICIPAL CORPORATION OF )
GREATER MUMBAI (MCGM) )
Having its office at, MCGM Head Office )
Mahapalika Marg, Opp. CSMT, Fort, )
Mumbai – 400001 )
5 ASST. REGISTRAR OF CO-OPERATIVE )
SOCIETIES, MHADA )
Having its Office at, Griha Nirman Bhavan, )
MHADA, Kalanagar, Bandra (E), )
Mumbai - 400051 ) .. Respondents
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WITH
WRIT PETITION (L) NO. 24129 OF 2022
1 AL-MEHDI CO-OPERATIVE )
HOUSING SOCIETY LIMITED )
a co-operative housing society, )
registered under the provisions of )
the Maharashtra Co-operative )
Societies Act, 1960, having its )
address at S.V.P. Road, Dongri, )
Mumbai 400 009. )
2 M/S AL-HAADI DEVELOPERS )
a partnership firm registered under )
the provisions of the Indian )
Partnership Act, 1932, having its )
office at Sharif Mansion, 113-115, )
S.V.P. Road, Dongri, )
Mumbai 400 009. )
3 WASIM SIDDIQUI )
Age: Adult, Occupation: Business )
Indian citizen, partner of )
M/s Al-Haadi Developers, having )
his office at Sharif Mansion, )
113-115, S.V.P. Road, Dongri, )
Mumbai 400 009. ) … Petitioners
V/s
1 STATE OF MAHARASHTRA )
Through the Principal Secretary )
Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 MUNICIPAL CORPORATION )
OF GREATER MUMBAI )
a statutory corporation incorporated)
under the Mumbai Municipal )
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Corporation Act, 1888; having )
its office at Mahapalika Marg, )
Mumbai 400 001. )
3 MUNICIPAL COMMISSIONER )
Municipal Corporation of Greater )
Mumbai having office at )
Mahapalika Marg, Mumbai 400 001) … Respondents
WITH
WRIT PETITION NO. 572 OF 2020
1 MIG (Bandra) Realtors and Builders Pvt. Ltd. )
a company incorporated under the provisions )
of the Companies Act of 1956 )
having its registered office at DB House, )
General A.K. Vaidya Marg, )
Goregaon (East), Mumbai – 400063. )
2 Faizan Pasha )
of Mumbai, adult Indian Inhabitant )
Director of the petitioner no.1 )
having its office at DB House, General A.K. )
Vaidya Marg, Goregaon (East), )
Mumbai – 400 063. ) ….. Petitioner
Versus
1 State of Maharashtra )
through the Urban Development Department )
having its office at Mantralaya, )
Mumbai - 400 032. )
2 Maharashtra Housing and Area )
Development Authority )
an authority established and constituted )
under the provisions of the Maharashtra )
Housing and Area Development Act, 1976, )
having its office at Griha Nirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai – 400 051. )
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3 The Municipal Corporation of Gr. Mumbai )
a statutory corporation established and constituted )
under the provisions of the Mumbai Municipal )
Corporation Act, 1888 , having its office at )
Annex Building, Mahapalika Marg, )
Mumbai 400 001. )
WITH
WRIT PETITION (L) NO. 24834 OF 2022
1 SAUMYA BUILDCON )
PRIVATE LIMITED, a company )
incorporated under the Companies )
Act, 1956, having its office at )
rd
3 Floor, Nirlon House, Dr. Annie )
Besant Road, Worli, )
Mumbai 400 030. )
2 NITIN PRATAP SALUNKHE )
Age: Adult, Occupation: Business )
Indian citizen, Director of Saumya )
Buildcon Private Limited, having )
rd
his office at 3 Floor, Nirlon )
House, Dr. Annie Besant Road, )
Worli, Mumbai 400 030. ) … Petitioners
V/s
1 STATE OF MAHARASHTRA )
Through the Principal Secretary )
Urban Development Department )
Mantralaya, Mumbai 400 032. )
2 MUNICIPAL CORPORATION )
OF GREATER MUMBAI )
a statutory corporation incorporated)
under the Mumbai Municipal )
Corporation Act, 1888; having )
its office at Mahapalika Marg, )
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Mumbai 400 001. )
3 MUNICIPAL COMMISSIONER )
Municipal Corporation of Greater )
Mumbai having office at )
Mahapalika Marg, Mumbai 400 001) … Respondents
WITH
WRIT PETITION (L) NO. 24880 OF 2021
MANGALYA CO-OPERATIVE
HOUSING LIMITED
)
a co-operative housing society
incorporated under the Maharashtra Co-
operative Societies Act, 1960 having its
address at Plot No. 15, N. S. Road No. 10
Ext., JVPD Scheme, Andheri West,
Mumbai 400 058.
)
)
)
)
)
…PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
)
A Body corporate established under
Section 3 of the Maharashtra
Housing and Area Development Act
1976, having its address at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PERMISSION CELL),
GREATER MUMBAI
)
)
)
an officer of Respondent No.1
having his office address at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
3 ARMAAN REAL ESTATE
PRIVATE LIMITED
)
)
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a Company incorporated under the
provisions of the Companies Act,
1956 and validly existing under the
provisions of the Companies Act,
2013 having its registered office at
S-3/A, Second Floor, Prime Mall,
Irla CHS Ltd., Irla Society Road,
Vile Parle West, Mumbai 400056.
)
)
)
)
)
)
)
) …RESPONDENTS
WITH
WRIT PETITION (L) NO. 24883 OF 2021
DEV LAND & HOUSING PRIVATE
LIMITED
)
)
a Company incorporated under the
provisions of the Companies Act, 1956 and
validly existing under the provisions of the
Companies Act, 2013 having its registered
office at 10th Floor, Dev Plaza, S. V. Road,
Andheri (West), Mumbai – 400 058.
)
)
)
)
)
)
…PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
)
A Body corporate established under
Section 3 of the Maharashtra Housing
and Area Development Act 1976,
having its address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PERMISSION CELL),
GREATER MUMBAI
)
)
)
an officer of Respondent No.1 having
his office address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051
)
)
)
)
…RESPONDENTS
WITH
WRIT PETITION (L) NO. 24885 OF 2021
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OSHIWARA SATPUDA CO-
OPERATIVE HOUSING SOCIETY
LIMITED
)
)
)
a co-operative housing society
registeredunder the Maharashtra Co-
operative Societies Act, 1960 having its
address at Building No.3, Oshiwara, New
Link Road, Jogeshwari (West), Mumbai –
400 102.
)
)
)
)
)
…PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
]
)
)
A Body corporate established under
Section 3 of the Maharashtra
Housing and Area Development Act
1976, having its address at
GrihanirmanBhavan, Kala Nagar,
Bandra (East), Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PERMISSION CELL),
GREATER MUMBAI
)
)
)
an officer of Respondent No.1
having his office address at
GrihanirmanBhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
3 DEV LAND & HOUSING
PRIVATE LIMITED
)
)
A Company incorporated under the
provisions of the Companies Act,
1956 and validly existing under the
provisions of the Companies Act,
2013 having its registered office at
10th Floor, Dev Plaza, S.V. Road,
Andheri (West), Mumbai – 400 058.
)
)
)
)
)
)
) …RESPONDENTS
WITH
WRIT PETITION NO.2615 OF 2017
1 Vinod Mohanlal Jain )
age about 46 yrs, an adult Indian Inhabitant )
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having his address at 2, Jai Bhagwan, 87 )
Walkeshwar Road, Mumbai – 400 006. ) … Petitioner
Versus
1 State of Maharashtra, )
Through its Urban Development Department )
Government of Maharashtra through the office )
of Government Pleader, High Court (O.S.), )
Bombay, PWD Building, Fort, Mumbai- 400 032. )
2 Municipal Corporation of Greater Mumbai)
incorporated under the Municipal Corporation )
Act, 1888 having its office at Mahapalika Marg, )
C.S.T., Mumbai – 400 001. )
3 Ex Engineer Bldg., Proposal (City-I), )
New Municipal Building No.355B, )
Bhagwan Walmiki Chowk, Vidyalankar Marg, )
Opp. Hanuman Mandir, Salt Pan Road, )
Antop Hill, Wadala (east), )
Mumbai - 400 037 ) .. Respondents
WITH
WRIT PETITION (L) NO. 26984 OF 2021
DYNASTY INFRABUILDERS
PRIVATE LIMITED
)
)
a Company incorporated under the
provisions of the Companies Act, 2013
having its office at 702, Natraj, M.V.
Road Junction, Western Express
Highway, Andheri (East), Mumbai –
400 069.
)
)
)
)
)
…PETITIONER
VERSUS
1 THE MAHARASHTRA
HOUSING AREA AND
DEVELOPMENT AUTHORITY
)
)
)
A Body corporate established )
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under Section 3 of the
Maharashtra Housing and Area
Development Act 1976, having its
address at Grihanirman Bhavan,
Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PERMISSION
CELL), GREATER MUMBAI
)
)
)
an officer of Respondent No.1
having his office address at
Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051
)
)
)
)
3 KHER NAGAR DEEP LAXMI
CO-OPERATIVE HOUSING
SOCIETY LTD., a co-operative
society registered under the
Maharashtra Co-operative
Societies Act, 1960 having its
address at Building NO. 15,
Khernagar, Bandra (East),
Mumbai – 400 051.
)
)
)
)
)
)
)
)
) …RESPONDENTS
WITH
WRIT PETITION NO. 224 OF 2019
Samudra Darshan Co-operative )
Housing Society Limited, a Co-operative )
housing society registered under the, )
Provisions of the Maharashtra Co-operative, )
Society Act, 1960 having its registered, )
Address at Building Nos.9, 12, 13, 14, D. N. Nagar)
Andheri (West), Mumbai – 400 053. ) … Petitioner
Versus
1 The Municipal Corporation of Greater )
Mumbai, a Statutory Corporation )
Constituted under the provisions )
of the Mumbai Municipal )
Corporation Act, 1888 having its Address at )
Mahapalika Marg, Mumbai - 400 001. )
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2 The Municipal Commissioner having )
his office at 1st floor, Municipal Head )
Office Extension Building, )
Mahapalika Marg, Mumbai-400 001. )
3 Mumbai Housing Area Development Authority )
A Body corporate established under )
Section 3 of the Maharashtra Housing )
and Area Development Act 1976, )
having its address at Grihanirman )
Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
4 Samudra Darshan Gruhpravesh LLP, )
a limited liability partnership constituted )
under the provisions of the Limited Liability )
Partnership Act, 2008 having its address at )
B-106, Concord, 2nd Lane, Lokhandwala )
Complex, Andheri (West), Mumbai - 400 053 )
5 The State of Maharashtra, )
Through its Urban Development Department )
Mantralaya, Mumbai ) ...Respondents
WITH
WRIT PETITION NO. 206 OF 2015
1 Samata Nagar Co-operative Housing )
Societies Union Limited, a )
Federal Society registered under the )
provisions of the Maharashtra Co-op. )
Societies Act, 1960 and having its )
office at 25/486, Vishwadarshan, Samta )
Nagar, Kandivali, Mumbai – 400 0101. )
2 S.D. Corporation Private Limited, )
a Company incorporated under the )
Companies Act, 1956 having its )
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Registered Office at 70, Nagindas )
Master Road, Fort, Mumbai – 400 023. )
3 Mr.Shrikant Chavan, )
C/o SP Centre, 41/44, Minoo )
Desai Marg, Colaba, )
Mumbai – 400 005 ) ….. Petitioners
VERSUS
1 The Municipal Corporation of Greater )
Mumbai having its Office at 1, )
Mahapalika Marg, Mumbai – 1. )
2 The Executive Engineer, )
(Building) Proposal, Municipal )
Corporation of Greater Mumbai, )
G Ward, Kandivali, Mumbai. )
3 Maharashtra Housing & Area )
Development Authority, an Authority )
established and constituted under the )
Maharashtra Housing & Area )
Development Authority Act, 1976, )
having its address at Griha Nirman )
Bhavan, MHADA, Bandra (E) )
Mumbai – 400 051. )
4 State of Maharashtra, )
Through the Government Pleader, )
High Court, Mumbai. )….. Respondents
WITH
WRIT PETITION NO.38 OF 2022
(1) M/s. Shree Mahavir Estate Ameya, a
partnership firm duly registered under the
provisions of the Indian Partnership Act,
1932, and having its principal place of
business at Podium, Office no. 2, Aditya
)
)
)
)
)
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‘A’ Wing, Gulmohar Cross Road No. 7,
Juhu Vile Parle Development Scheme,
Mumbai 400049.
)
)
)
(2) Mr.SNEHAL M PATEL
adult, of Mumbai, Indian Inhabitant, a
partner of the Petitioner No. 1, having his
address at Podium, Office no. 2, Aditya ‘A’
Wing, Gulmohar Cross Road No. 7, Juhu
Vile Parle Development Scheme, Mumbai
400049.
)
)
)
)
)
)
)…Petitioners
Versus
(1) Union of India, through the Secretary,
Ministry of Civil Aviation, Corporate
Headquarters, Rajiv Gandhi Bhavan,
Safdarjung Airport, Block-B, New Delhi
110003; and also at Aayakar Bhavan, 2nd
floor, Maharshi Karve Road, New Marine
Lines, Mumbai – 400 020.
)
)
)
)
)
)
)
(2) Airports Authority of India, Western
Region, Headquarters, having its office at
Opposite Parsiwada, Sahar Road Vile Parle
East, Mumbai 400 099.
)
)
)
)
(3) General Manager (A.T.M), Western
Region, Airports Authority of India,
having his office at Opposite Parsiwada,
Sahar Road Vile Parle East, Mumbai
400099.
)
)
)
)
(4) The Maharashtra Housing and Area
Development Authority, a body corporate
established under Section 3 of the
Maharashtra Housing and Area
Development Act 1976, having its address
at Grihanirman Bhavan, Kala Nagar,
Bandra (East), Mumbai 400 051.
)
)
)
)
)
)
)
(5) Ameya Co-operative Housing Society
Limited, a co-operative housing society
)
)
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incorporated under the Maharashtra Co-
operative Societies Act, 1960 having its
address at Building no. 1, D. N. Nagar,
Andheri (West), Mumbai 400053.
)
)
)
)…Respondents
WITH
WRIT PETITION (L) NO. 29612 OF 2021
SHREE SURAJ RESOURCES LIMITED )
A company registered under the provisions
of the Companies Act, 1956 and deemed to
have been registered under the Companies
Act, 2013 having its address at address at
14/A, Paper Box Estate, Mahakali Caves
Road, Andheri (East), Mumbai – 4000093.
)
)
)
)
)
) …PETITIONER
VERSUS
1 THE MAHARASHTRA HOUSING
AREA AND DEVELOPMENT
AUTHORITY
)
)
)
A Body corporate established under
Section 3 of the Maharashtra Housing
and Area Development Act 1976,
having its address at Grihanirman
Bhavan, Kala Nagar, Bandra (East),
Mumbai 400 051.
)
)
)
)
)
)
2 THE EXECUTIVE ENGINEER,
(BUILDING PROPOSAL),
GREATER MUMBAI
)
)
)
An officer of Respondent No.1
having his office address at Building
Permission Cell, Greater Mumbai,
MHADA, Bandra (East), Mumbai –
400 051.
)
)
)
)
3 LALIT KUTIR CO-OPERATIVE
HOUSING SOCIETY
)
)
A co-operative housing society )
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incorporated under the Maharashtra
Co-operative Societies Act, 1960
having its address at Building No. 10,
Maharashtra Housing Board Colony,
J.V.P.D. Scheme, Andheri (West),
Mumbai – 4000 058.
)
)
)
)
)
) …RESPONDENTS
WITH
WRIT PETITION NO. 989 OF 2018
Urbania Realty LLP, )
Having their registered office at 201 )
Plot No. 15, Megor Arcade, )
Ghatkopar (E), Mumbai 400 077 ) ..… Petitioners
Versus
1 State of Maharashtra, )
Urban Development Department, )
Through the office of the Government )
Pleader, Bombay High Court, (O.S.) )
PWD Building, Fort, Mumbai 400 001 )
2 Municipal Corporation of Greater Mumbai)
Legal Department, , Mahapalika Marg, )
M.G. Road, fort, Mumbai 400 001 )
3 Ex. Engineer, Building Proposals, (City) )
G/North Ward, Municipal Corporation of )
Greater Mumbai, 11 JK Sawant Marg )
Kasaravadi Dadar, Mumbai 400 028 ) … Respondents

WITH
WRIT PETITION NO. 597 OF 2018
Vaidehi Akash Realtors Pvt. Ltd. )
A company registered under the provisions )
of Companies Act, 1656, having its office )
at 101, D.N. Nagar, Saptarshi C.H.S. Ltd., )
Barfiwala College Lane, D. N. Nagar, )
Andheri (West), Mumbai – 400 053. ) ….Petitioner
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VERSUS
1 The State of Maharashtra, )
Through Senior Inspector of Police )
Station, D.N. Nagar Andheri (W), )
Mumbai – 400 053. )
2 The Municipal Corporation for Greater )
Bombay, having its office at )
Mahapalika Bhavan, Mahapalika )
Marg, Fort, Bombay – 400 001. )
3 Assistant Engineer (B & F)l I, II, III,/ )
IV(Ward) K/West (Designated Officer), )
th
K/West, 6 Floor Paliram Path, )
Opp. BEST Bus Depot, Andheri (W), )
Mumbai – 400 058. )
4 Maharashtra Housing & Area )
Development Authority, Having )
its office at MHADA Building )
Kala Nagar, Bandra (E) )
Mumbai – 400 051. ) ….. Respondents
WITH
WRIT PETITION (L) NO.25455 OF 2022
Drushti Realtors Pvt. Ltd. )
C.A. to Pantnagar Trishul CHS Ltd. )
G-1 Terminal-9 besides Vile Parle )
Police Station/Airport, Nehru Nagar, )
Vile Parle (East), Mumbai – 400 057. ) … Petitioner
Versus
1 State of Maharashtra, )
Through its Government Pleader )
P.W.D. Building, High Court, Mumbai- 400 032. )
2 Maharashtra Housing Area )
and Development Authority )
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Grihanirman Bhavan, Kala Nagar, Bandra (East), )
Mumbai 400 051 )
3 The Executive Engineer/B.P. (Cell) ES Kurla )
nd
Division Mhada Mumbai Board, 2 Floor, )
Room No.341, Grihanirman Bhavan, )
Kala Nagar, Bandra (East), )
Mumbai 400 051 ) .. Respondents
WITH
WRIT PETITION NO. 3519 OF 2022
1 PRABHADEVI INDRAPRASTHA )
CO-OP. HSG. SOC. LTD. )
a cooperative housing society, registered )
under the provisions of the Maharashtra )
Co-operative Societies Act, 1960, having )
its address at MHADA Adarsh Nagar, )
Worli, Mumbai 400 030. )
2 TECHNO FRESHWORLD LLP )
A Limited Liability Partnership )
incorporated under the provisions of the )
Limited Liability Partnership Act, 2008 )
nd
and having its office at 2 Floor, Manu )
Mansion, 16, Shahid Bhagat Singh Marg, )
Fort, Mumbai 400 001. )
3 JAYDEEP V. MEHTA )
Age: Adult, Occupation: Business )
Partner of Techno Freshworld LLP and )
nd
having its office at 2 Floor, Manu )
Mansion, 16, Shahid Bhagat Singh Marg, )
Fort, Mumbai 400 001. ) … Petitioners
Versus
1 STATE OF MAHARASHTRA )
Through the Principal Secretary Urban )
Development Department, Mantralaya, )
Mumbai 400 032. )
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2 MAHARASHTRA HOUSING )
AND AREA DEVELOPMENT )
AUTHORITY, a Statutory Authority )
constituted under the provisions of )
the Maharashtra Housing & Area )
Development Act, 1976, having office )
at Griha Nirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. )
3 EXECUTIVE ENGINEER )
Building Permission Cell, Greater )
Mumbai, MHADA, having office at )
Griha Nirman Bhavan, Kala Nagar, )
Bandra (East), Mumbai 400 051. ) … Respondents
WITH
WRIT PETITION NO. (L) 23875 OF 2022
1 M/s. VS Developers )
a partnership firm, duly registered under )
the provisions of the Indian Partnership )
Act, 1932, and having its office at A/503, )
Sterling Court, Maheshwari Nagar, )
Kondivita Road, Andheri (East), Mumbai - )
400 093 )
2 Mr. Sanjay Narayandas Rathi )
adult, Mumbai Indian Inhabitant, having )
address at A/503, Sterling Court, )
Maheshwari Nagar, Kondivita Road, )
Andheri (East), Mumbai 400 093 ) …Petitioners
Versus
1 Maharashtra Housing & Area Development)
Authority, a Statutory authority Constituted )
under the provisions of Maharashtra )
Housing & Area Development Act, 1976, )
having its office at Griha Nirman Bhavan, )
Bandra (East), Mumbai – 400 051. )
2 Vice President, )
Maharashtra Housing & Area Development )
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----
Dr. Milind Sathe, Senior Advocate along with Mr. Bhushan Deshmukh,
Mrs. Jasmine Kachalia, Mr. Deepu Jojo, and Mr.Aryan Srivastava i/by M/
s.Wadia Ghandy & co for the Petitioners in WP/1334/2019.
Dr. Milind Sathe, Senior Advocate along with Mr.Saket Mone, Mr. Subit
Charkraborti, Mr.Devansh Shah, Mr. Abhay Jariwala, i/by M/s. Vidhii
Partners, for the Petitioners in WP/1937/2016.
Mr. Saket Mone along with Mr. Subit Chakrabarti, Mr. Devansh Shah
and Mr. Abhay Jariwala i/by M/s. Vidhii Partners, for the Petitioners in
WPL/17580/2022.
Mr Rohaan Cama along with Mr. Pheroze Mehta, Mrs. Jasmine Kachalia,
Mr. Deepu Jojo and Mr. Aryan Srivastava, Mr. Suneet Tyagi, Mr. Sandeep
Patil, Ms. Pooja Singhvi i/by M/s. Wadia Ghandy & co for the Petitioners
in WP/1679/2017.
Mr. M. M. Vashi, Senior Advocate i/by Ms. Ria Jain,for the Petitioners in
WPL/14032/2022.
Mrs.Jasmine Kachalia along with Mr. Aryan Srivastava and Mr. Deepu
Jojo i/by M/s. Wadia Ghandy & co for the Petitioners in
WP/605/2017and WP/216/2019.
Ms. Ria Jain for the Petitioners in WPL/18290/2022.
Mr. Mukesh M. Vashi, Senior Advocate along with Mr. Jayneel Vashi i/by
M/s. M.P.Vashi & Associates for the Petitioners in WPL/8126/2022, WP/
122016/2022, WP/12212/2022, WPL/20727/22 and WPL/14032/22.
Mr. Rahul Hingmire along with Mr. Chirag Bhavsar along with Ms. Aarti
Sonawane i/by M/s. VIS Legis Law Practice Advocate for the Petitioners
in WPL/20227/2022.
Mr.Aditya Shiralkar along with Mr.Vijay Poojari i/by M/s. Shiralkar &
Co. for the Petitioners in WP/822/2017, WP/920/2017 and
WP/2351/2022.
Mr. Sanjiv Sawant along with Mr. Heramb kadam and Mr. Pankaj Kode,
for the Petitioners in WPL/4992/2022.
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Mr. Pravin Samdani,Senior Advocate along with Mr. Amogh Singh,
Mr.Nivit Srivastava and Mr. Viraj Maniar along with Ms. Sneha Patil, Mr.
Saurabh Kshirsagar and Ms. Nidhi Asiwal i/by Maniar Srivastava
Associates for the Petitioners in WPL/704/2022, WPL/998/2022,
WPL/7180/022, WPL/7581/2022,WPL/8142/2022, WPL/8722/2022,
WPL/8731/2022, WPL/8733/2022, WPL/17473/2022, WPL/17478/2022,
WPL/17485/2022, WPL/17501/2022, WPL/18252/2022, WP/404/2017,
WP/2090/2021, WPL/24880/2021, WPL/24883/2021, WPL/24885/2021,
WPL/26984/2021, WP/38/2022, WPL/29612/2021, WP/544/2018,
WP/311/2018, WP/114/2018, WP/102/2021,WP/224/2019 AND
Respondent No.4 in WP/1360/2021 and WP/3018/2021.
Mr.Santosh Pathak along with Ms. Archana Karmokar, Mr. Nimish
Lotilkar and Mr.Kailash Pathak i/by M/s. Law Origin for the Petitioners
in WPL/18755/2022 and WPL/18616/2022.
Mr. Arun Panickar, for the Petitioners in WP/2767/2022, WP/1360/2021,
WP/3018/2021 and WPL/8279/2022 and Respondent No.4 in
WPL/704/2022, WP/20290/2021 and Respondent No.3 in
WPL/24885/2021.
Mr. Divesh Chamboowala i/by Mr. Pradip Kadam, for the Petitioners in
WPL/16598/2022 and WPL/22696/2022.
Mr. Dipen Furia and i/by M/s. Shah and Furia Associates for the
Petitioners in WP/2615/2017.
Ms. Tulsi Shah along with Ms. Ayesha Khatri i/by Mr. Akash Shah, for
the Petitioners in WP/8447/2022, WP/12361/2022, WP/18181/2022, WP/
9685/2022, WP/14321/2022, WP/20899/2022, WP/9667/2022,
WP/14328/2022, WP/14484/2022.
Mr. Sanjay Kadam along with Mr. Sanjeel Kadam, Ms. Sayalee
Rajpurkar, Nitisha Lad i/by M/s. Kadam & company for the Petitioners in
WP/2193/2022, WP/1492/2016, WP/3172/2022, WPL/24129/2022, WPL/
24834/2022 and WP/3519/2022.
Ms. Huda Diamondwala i/by M./s. Diamondwala and co., for the
Petitioners in WP/2716/2017 and WP/2363/2017.
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Mr. Saket Mone along with Mr. Subit Chakrabarti, Mr. Devansh Shah,
Mr. Abhay Jariwala i/by M/s. Vidhii Partners, for the Petitioners in
WP/1314/2016, WP/2818/2016, WPL/17633/2022, WPL/17675/2022,
WP/2247/2016, WP/1068/2016, WP/1000/2016, WP/1226/2016,
WP/989/2018, WP/1705/2018, WP/2985/2018 and WP/3381/2018.
Mr. Mayur Khandeparkar along with Mr. Anand Pai, Mr. Ativ Patel , Ms.
Viloma Shah, Mr. Darshit Dave, Mr. Harshad Vyas i/by M/s.AVP
Partners for the Petitioners in WPL/16659/2022.
Ms. Rujuta Patil i/by M/s. Negandhi Shah & Himayatullah, for the
Petitioners in WP/550/2017.
Mr. Makarand Kale i/by Mr. Govinda Gupta, for the Petitioners in
WPL/23017/2022.
Mr.Girish Godbole along with Mr. Bhushan Deshmukh and Ms. Monisha
Mane Bhangale and Ms. Nikita Menon i/by M/s. Parinam Law
Associates, for the Petitioners in WPL/9673/2022.
Mr. Tejesh Dande along with Mr.Bharat Gadhavi, Mr. Vishal Navale, Mr.
Aniket Aghade, Mr. Chinmay Deshpande, Ms. Trushna Shah and Mr.
Vikrant Khare and Mr.Krupanshu Nandu i/by M/s. Tejesh Dande &
Associates, for the Petitioners in WPL/4266/2022, WPL/2816/2022.
Mr.Bhushan Deshmukh and Ms. Mamta Harwani, Ms. Miloni Gala i/by
Mr. Dhiren Shah, for the Petitioners in WPL/19781/2022 and
WP/138/2022.
Mr. Dhiren H. Shah along with Ms.Miloni Gala, Ms. Nikita Ghungarde i/
by Mr. Dhiren H. Shah for the Petitioners in WP/2488/2022.
Ms. Miloni Gala along with Ms. Mamta Harwani i/by Mr. Dhiren
H.Shah, for the Petitioners in WPL/23875/2022.
Mr. Ashwin Sawlani along with Mr. Viraj Jadhav i/by Ms. Reena
Salunke, for the Petitioners in WP/1996/2016, WP/1997/2016 and
WP/2000/2016.
Mr. Ashwin Sawlani along with Mr. Viraj Jadhav i/by Mr. Chinmay
Acharya for the Petitioners in WP/2903/2018.
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Mr. Chirag H. Mody along with Mr. Sridhar K. Chari for the Petitioners
in WP/2536/2017.
Mr. Hamid Ahmad along with Ms. Asha Nair i/by M/s.MZ and
Associates, for the Petitioners in WPL/25455/2022.
Mr.Nilesh Pandey a/w Mr.Shekhar Pal, Ms.Priyanka Dubey i/by Equa
Juris in WPL/23555/2022 and WPL/23556/2022.
Mr.K.D. Jha for the petitioner in WP/2988/2022.
Mr. Aspi Chinoy, Senior Advocate along with Mr.Joel Carlos i/by
Ms.Oorja Dhond and Mr. Sunil K. Sonawane, for the Respondents,
BMC, in WP/1334/2019.
Mr Ashutosh Kumbhakoni, Advocate Genral along with Mr. P.G. Lad and
Mr. Akshay Shinde, Ms. Sayli Apte, Ms. Shreya Shah for the
Respondents -MHADA.
Mr. Ashutosh Kumbhakoni, Advocate General along with Mr. Akshay
Shinde for Respondent No.3 in WP/2038/2016 and WPL/8731/2022, WPL/
8733/2022, WPL/23555/2022, WP/2090/2021, WPL/7581/2022,
WPL/8279/2022, WPL/14328/2022, WPL/18252/2022, WPL/9673/2022,
WPL/9667/2022, WPL/9685/2022, WPL/14321/2022, WPL/14032/2022,
WPL/20899/2022,WPL/12707/2022, WPL/12361/2022, WPL/8447/2022,
WPL/14484/2022, WPL/17485/2022, WPL/17473/2022, WPL/17478/2022,
WPL/17501/2022, WP/8142/2022, WP/8722/2022 and WP/8731/2022.
Mr. Akshay Shinde for Respondent for the Respondent Nos. 1 and 2 in
WP/2090/2021 – MHADA.
Mr. N.V. Walawalkar, Senior Advocate along with Ms. Oorja Dhond for
the Respondent, M.C.G.M. in WP/2193/2022.
Mr. Joaquim Reis, Senior Advocate along with Bernard Reis, Mr. Joel
Carlos, Ms. Oorja Dhond and Mr. Abhijeet Joshi i/by Mr. S. K.
Sonawane, for the Respondent in WPL/17580/2022- M.C.G.M.
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Mr. Ashutosh Kumbhakoni, Advocate General along with Mr. Akshay
Shinde, Ms. Sneha Bhange, Ms. P. H. Kantharia, Government Pleader,
along with Mr. Abhay L. Patki, Addl Government Pleader and Mr. Milind
More, Addl Government Pleader, Mr. Laxmikant Satelkar, AGP, Ms. Jyoti
Chavan, AGP, State, Ms. Uma Palsuledesai, AGP,state, Mr. Hemant
Haryan, AGP,state , Mr. Himanshu Takke, AGP, Mr. Sukanta Karmakar,
AGP, Mr. Kedar Dighe, AGP, Mr. Amit Shastri, AGP,state , Mr. S. B.
Gore AGP, Mr. M.A. Saiyed AGP,state and Mr. Dushyant Kumar, AGP,
Mr Manish Upadhye, AGP, State for the Respondents.
Mr. Y. R. Mishra for the Respondents – UNION OF INDIA.
Mr. T.D. Deshmukh along with Mr. H.D.Chavan, in WP/1360/221,
WP/138/2022, WPL/704/2022, WPL/998/2022, WPL/2816/2022,
WP/2767/2022, WPL/4266/2022, 2PL/4922/2022, WPL/7581/2022,
WPL/8279/2022, WPL/8447/2022, WPL/9667/2022, WPL/9673/2022,
WPL/9685/2022, WPL/12361/2022, WP/2488/2022, WP/2351/2022, WPL/
13515/2022, WPL/14032/2022, WPL/14321/2022, WPL/14328/2022, WPL/
14484/2022, WPL/17473/2022, WPL/17478/2022, WPL/17485/2022, WPL/
17501/2022, WPL/18252/2022 AND WP/3018/2021 – for MHADA.
Mr. Kamlesh Ghumre along with Ms. Sonali Jadhav Krishna Eppar, for
the Respondent NO.2 in WP/1816/2016 – MHADA.
Mr. Jagdish G. Aradwad (Reddy) for the Respondent Nos.2 and 3 -SRA
in WP/1937/2016.
CORAM: R. D. DHANUKA AND
KAMAL KHATA, JJ.
RESERVED ON : 12TH AUGUST, 2022
PRONOUNCED ON : 20TH OCTOBER,2022
JUDGMENT (Per R.D.Dhanuka, J.):-
1. Rule. Learned counsel for the respondents waives service. Rule
is made returnable forthwith. By consent of parties, this batch of
petitions were heard together and are being disposed off by a common
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order. The parties have agreed that Writ Petition No.1334 of 2019, Writ
Petition No.8126 of 2022, Writ Petition (L) No.704 of 2022 and Writ
Petition (L) No.9673 of 2022 would be considered as the lead matters,
in view of there being identical questions of law having arisen in all
these petitions. Learned counsel for the parties in these writ petitions
have addressed this Court on behalf of their respective clients. In rest of
the matters, the petitioners have adopted the submissions made by the
learned counsel for the petitioners in the lead matters and the
respondents have adopted the submissions advanced by the learned
counsel for the respondents in lead matters. Some of the relevant facts
in Writ Petition No.1334 of 2019 are as under :
Facts in Writ Petition No.1334 of 2019
2. By this writ petition filed under Article 226 of the Constitution of
India, the petitioners have prayed for a declaration that the petitioners
are exempted from levy, imposition, demand and recovery of
development charges by the respondent no.2 i.e. the Municipal
Corporation, Greater Mumbai under section 124F of the Maharashtra
Regional Town Planning Act, 1966 (for short “the said MRTP Act”) in
respect of the development / redevelopment of the property being
developed by the petitioners and that any such levy, imposition,
demand and recovery in respect thereof is illegal, contrary to law,
without jurisdiction and without authority of law. The petitioners have
also prayed for a writ of certiorari for quashing and setting aside the
levy, imposition, demand and recovery of development charges by the
Municipal Corporation pertaining to the writ property including the
impugned Development Charges of Rs.4,22,94,300/- as demanded in
the impugned demand notices issued by the Corporation.
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3. The petitioners have also prayed for a writ of mandamus directing
the Municipal Corporation to issue fresh demand notices in respect of
the development / redevelopment of the writ property without levy,
imposition, demand and recovery of development charges under
section 124A of the MRTP Act and seeks refund of Rs.4,22,94,300/-
paid by the petitioners as Development Charges under protest till the
date of realization.
4. The petitioners are developing the land admeasuring 8200.87 sq.
mtrs. Bearing CTS No.441 (part), 442 (part), 452 (part), 453 (part), 455
(part) and 456 (part) of Parel Sewree Division, D.G. Mahajani Road
and Rafi Ahmed Kidwai Marg, F/S Ward, Mumbai 400 015 (for sake of
convenience hereinafter referred to as “writ land”).
5. It is the case of the petitioners that the respondent no.2 is the
owner of the said writ land. Prior to 1940, the respondent no.2
developed the portion of the land constructing 10 chawls and tenaments
(hereinafter referred to as “the said structures”). The said land and the
said structures are collectively referred to as the writ property. The
members of the said chawls formed the petitioner no.1 society.
6. It is the case of the petitioners that the said writ property was in a
dilapidated condition and required urgent repairs and reconstruction.
Some time in the year 2008, the petitioner no.1 society granted
redevelopment rights of the said property to the petitioner no.2 i.e.
Coventry Properties Private Limited on the terms and conditions set out
in the said redevelopment agreement. The petitioner no.2 proposed to
develop the said property under Regulation 33(7) of the Development
Control Regulation, 1991 (hereinafter referred to as “DCR 1991”).
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th
7. On 8 December, 2016, the respondent no.2 issued inventory list
as Annexure-II of the tenants and chawls/ members of the petitioner
no.1 society appearing on the rent receipts, which according to the
petitioners and the respondent no.2 are eligible for the benefits under
redevelopment of the said property. The petitioners had made an
application for issuance of such inventory list to the respondent no.2
Corporation.
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8. On 1 March, 2018, the respondent no.2 Corporation issued a
Letter of Intent sanctioning development / redevelopment of the writ
property under Regulation 33(7) of DCR, 1991. According to the
petitioners, the petitioners were required to hand over 2390.84 sq. mtrs.
in the form of “flats” to the respondent no.2 Corporation under the said
Letter of Intent and to pay Rs.134,65,24,704/- as a condition for
granting the Letter of Intent to the Municipal Corporation.
9. The respondent no.2 agreed to lease the writ land to the
petitioner no.1 for the period of 30 years with an option to renew only at
the discretion of the Municipal Corporation. In the said Letter of Intent, it
was recorded that the said land and the said structures vested with and
were owned by the respondent no.2 Corporation. It was provided in the
said Letter of Intent that the respondent no.2 Corporation would issue a
no objection certificate for commencement of the construction of the
said land and in the event of breach, the respondent no.2 shall have the
power to cancel the said Letter of Intent and all the permissions granted
with respect to the said project.
10. It is the case of the petitioners that in the property card in the said
writ land, the name of the respondent no.2 is reflected as owner thereof.
The petitioner no.2 is constructing a composite building for
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Rehabilitation component with 3 wings, a free sale component with 3
wings and an area for Respondent no.2 with 1 wing, i.e., Building no.1
on Plot no.A of the said land. The petitioner no.2 is also constructing a
building no.2 comprising of a free sale component on plot no.B of the
th
said land. On 19 June, 2018, the respondent no.2 Corporation issued
an IOD to undertake the development of building no.1, on plot no.A. On
th th
13 September, 2018 and 12 November, 2018, the respondent no.2
issued its amended approvals for the development of plot no.B of the
said land.
th
11. Thereafter on 20 June 2018, the respondent no.2 issued
another IOD for the development of building no.2 on Plot no.B of the
rd
said land. Thereafter on 23 January 2019, the respondent no.2 issued
several demand letters levying development charges of
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Rs.7,94,09,350/-. Thus, the petitioners filed this writ petition on 27
th
February 2019 for various reliefs. On 5 April 2019, this Court granted
an ad-interim relief in this petition in terms of prayer clause (f) on the
condition that the petitioners would deposit 50% of the development
charges with the Prothonotary and Senior Master of this Court as per
the demand notices within two weeks from the uploading of this order
and to furnish a bank guarantee to the Respondent no.2 for the
remaining amount of 50%.
12. It is the case of the petitioners that, as per the joint
measurements carried out by the petitioner no.2 and the District
Superintendent of Land Records, the actual area of the said land came
to be 8354 sq.mtrs. The petitioner no.2 applied to the respondent no.2
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for the amended Letter of Intent (LOI). On 17 February 2020, the
respondent no.2 issued a revised LOI and reconfirmed the fact that the
said land is owned by the respondent no.2. According to the revised
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LOI, the petitioner is directed to hand over 2441.76 sq.mtrs. in the form
of flats to the respondent no.2. The respondent no.3 would receive
Rs.139,02,12,693/- as capitalized value as a condition for grant of the
LOI.
13. It was further provided that only upon compliance of the
conditions stated in LOI, the respondent no.2 will issue an NOC for
commencement of construction on the said land and in the event of
breach, the respondent no.2 shall have the power to cancel the said
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revised LOI and all permissions with respect to the project. On 9
April 2020, the petitioner no.2 applied to the respondent no.2 for
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amendment of plans. On 25 April 2020, the respondent no.2 approved
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the amended plans. On 18 June 2020, the respondent no.2 issued a
fresh demand notice levying development charges of Rs.3,98,66,300/-.
The petitioners thereafter filed an interim application No.2069 of 2021
th
in this writ petition. On 7 August 2020, during the pendency of the
said interim application, the petitioners paid development charges of
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Rs.3,98,66,300/- under protest. On 11 August 2020, the interim
th
application came to be disposed off. On 18 December 2020, the
respondent no.2 raised a demand notice levying development charges
st
of Rs.24,28,000/-. On 21 December 2020, the petitioners paid the said
development charges of Rs.24,28,000/- under protest.
14. Some time in the month of September 2021, the petitioners filed
an interim application bearing No.2138 of 2021 for seeking an
amendment in the writ petition for bringing the subsequent events on
record including the impugning of the fresh demand notices and seeking
th
a prayer for refund of the monies paid under protest. On 30 June
2022, this Court allowed the said interim application and permitted the
petitioners to carry out the amendment. This Court admitted the said
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amended writ petition.
Submissions of Dr.Sathe, learned senior counsel
for the petitioners in WP 1334 of 2019:-
15. Dr.Sathe, learned senior counsel for the petitioners invited our
attention to various documents annexed to the writ petition, affidavit-in-
reply filed by the respondents. It is submitted that levy of development
charge for the subject property is dehors the mandate of Section 124A
read with Section 124F of the MRTP Act and thus without any authority
of law. He submitted that Section 124A of the MRTP Act being the
charging section provides that development charges shall be levied by
the Planning Authority on “institution of use or change of use or
development of any land or building” for which permission is required
under the MRTP Act in terms of Sections 43, 44 and 45 thereof.
16. It is submitted that Section 124 F of the MRTP Act clearly
provides that for applicability of the said exemption provision, there
should be institution of use or change of use or development of any
land or the building which is (i) vested in or (ii) under the control of or
(iii) in the possession of the Central Government or State Government
or Local Authority.
17. Learned senior counsel placed reliance on the definition of “local
authority” under Section 2(15) of the MRTP Act. He submitted that it is
admitted by the respondents that the land on which “development” is
undertaken belongs to Municipal Corporation which is specifically
mentioned in the definition of “local authority” under the MRTP Act. The
land is being developed by the petitioner no.2 as the developer under
Regulation 33(7) of the Development Control Regulations for Greater
Mumbai, 1991 (for short “the DCR”). He submitted that in the LOI dated
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st th
1 March 2018 and Revised LOI dated 17 February 2020 issued by
the Municipal Corporation, the Municipal Corporation is mentioned as
the owner of the subject property.
18. It is submitted that the petitioners are developing lands belonging
to Municipal Corporation and thus “development” undertaken by the
petitioners is exempted from payment of development charges under
Section 124F of the MRTP Act. The petitioners are thus not liable to
pay “development charges.” The amounts already paid by the
petitioners under protest towards development charges shall be
directed to be refunded to the petitioners. He submitted that all
conditions for granting exemption for payment of development charges
prescribed under Section 124F are satisfied in the facts of this case.
19. It is submitted that the land being developed by the petitioners is
vested in the Municipal Corporation. Redevelopment of the said land
and the said structures are being undertaken by the petitioners under
LOIs issued by the Municipal Corporation as planning authority and
therefore, the redevelopment of the said land being carried out by the
petitioners squarely falls within the parameters of the exempted entities
under Section 124 F of the MRTP Act. He submitted that the word “or”
appearing at all places in Section 124F between the following words is
clearly disjunctive and not conjunctive :-
a) Word “Or” between “development of land” “Building.”
b) Word between “vested”, “under control” and “possession.”
c) “Central Government,” “State Government” and “Local Authority.”
20. Learned senior counsel relied upon the definition of
“development” as defined under Section 2(7) of the MRTP Act and
submitted that the said land is owned by the Municipal Corporation and
therefore, exemption from payment of development charges under
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Section 124F would squarely apply in the present case. He placed
reliance on various Clauses of the LOI as well as Revised LOI. It is
submitted that the petitioners are rehabilitating the existing tenants. He
also relied upon the definition of “Development Authority” under Section
2(8) and “Local Authority” under Section 2(15) of the said Act. He also
relied upon the definition of the “Authority” constituted under the
Maharashtra Housing and Area Development Act, 1976 under sub-
section 15(c)(ii) of Section 2 of the MRTP Act and submitted that under
the provisions of the MHADA, Municipal Corporation is designated as
planning authority by the State Government. He also relied upon the
definitions of “occupier” under Section 2(17), “owner” under Section
2(18) and “planning authority” under Section 2(19) of the MRTP Act.
21. Learned senior counsel placed reliance on Sections 43 to 45 of
the MRTP Act. He tendered the Statement of Objects and Reasons for
inserting Section 124A and 124F of the MRTP Act. It is submitted by
the learned senior counsel that development charge is a tax and cannot
be levied, assessed and recovered without authority of law under
Section 124A of the MRTP Act. He submitted that the development
charge is in the nature of compulsory exaction of money and therefore a
“tax.” He relied upon Article 265 of the Constitution of India and
submitted that no tax shall be levied or collected except by authority of
law. He submitted that the said provision under Section 124F(1) of the
MRTP Act is clear and unambiguous and must be given effect to by its
literal meaning. In construing penal statute and taxation statute the
Court has to apply strict rule of interpretation. No extraneous condition,
factors ought to be and/or can be read into the express language of
Section 124F(1) of the MRTP Act.
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22. It is submitted that as long as there is no ambiguity in the
statutory language, resort to any interpretative process to unfold the
legislative intent becomes impermissible. The need for interpretation
arises when the words used in the statute are, on their terms,
ambivalent and do not manifest the intent of the legislature. In
interpretation of a fiscal statute, no words ought to be added and only
the language used ought to be considered so as to ascertain the proper
meaning and intent of the legislature.
23. Learned senior counsel submitted that it is axiomatic that
taxation statute has to be interpreted strictly because the State cannot
at their whims and fancies burden the citizen without authority of law.
When the competent legislature mandates taxing certain
persons/certain objects in certain circumstances, it cannot be
expanded/interpreted to include those which were not intended by the
legislature.
24. It is submitted that in the matter of imposition of tax, the
acquiescence/undertaking or waiver cannot be relied upon by the State
if tax otherwise is not legally payable. He submitted that even when
the assessee has furnished an undertaking to pay the tax, in the
absence of legal authority, tax cannot be justified. In the matters of
taxation, there is no equity about the person being taxed. There is no
presumption as to tax, nothing is to be read in and nothing is to be
implied.
25. It is submitted that Section 124A to 124L introduced in MRTP Act
by Maharashtra Act 16 of 1992 were introduced to provide a legal
authority for levy of development fee/development charge. The
Statement of Objects and Reasons specifically do not contain any
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provision for levy and collection of development charge. It was thus
decided to suitably amend the MRTP Act to provide for levy,
assessment and recovery of development charge on institution of use or
change of use of any land or building or development of any land or
building for which a permission is required under the said MRTP Act.
He submitted that in the absence of express provision in the Statute,
the delegated authority cannot impose the tax as fees.
26. Learned senior counsel invited our attention to the Second
Schedule under Section 124B of the MRTP Act and submitted that rates
of development charges are prescribed under clause (a) to (c) of the
said Schedule. He submitted that the scheme prepared by the
Corporation by way of a Circular for levying parking charges was
challenged before this Court. He submitted that this Court in case of
MCGM Vs. Noshir Shapurji Dhabhar, 1991 1 BCR 53 held that when
such power to levy fees is not authorized by the legislation, municipal
authority cannot claim such taxing power as incidental and
consequential to its power to promote public safety and convenience.
He submitted that as a result of the said judgment, Section 326-A was
inserted in Mumbai Municipal Corporation Act, 1988 to provide the
authority to levy parking charges.
27. Learned senior counsel submitted that in another matter, in case
of Buildarch, Mumbai Vs.MCGM, 2010 6 BCR 218 , this Court has
considered the challenge to the levy and imposition of premium by
MCGM for the areas covered by staircase rooms, lift room, lift-wells
and passages under Regulation 35(2)(c) of the said DCR. This Court
in the said judgment has held that in the absence of express provision
in the Act, the Corporation did not have any power or authority to levy or
collect any premium or amounts by whatever name under the DCR for
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grant of special permissions by the Commissioner.
28. It is submitted that in view of the said judgment in case of
Buildarch, Mumbai Vs.MCGM, 2010 6 BCR 218 , Section 22 (m) was
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amended w.e.f. 11 January 1967 by Maharashtra Act 29 of 2010 to
provide the power of imposition of fees, charges and premium at such
rate as may be fixed by the State Government or planning authority
from time to time for grant of any additional FSI or for special
permission or for the use of discretionary powers under the said DCR.
29. It is submitted that it is open for the State to amend the law when
the levy/tax is held to be without authority of law. By the amendment,
State can introduce the power to levy tax. He submitted that in view of
clear provisions of Section 124F providing for exemption, the
imposition, levy and recovery of tax in this case is without authority of
law. The respondents cannot recover any amount towards development
charges without amending Section 124F.
30. Learned senior counsel invited our attention to the stand taken by
the respondents in the affidavit-in-reply. It is submitted that the language
of an exemption clause in any fiscal statute has to be strictly interpreted.
It is only in the case of ambiguity that the interpretation which favours
the department is to be adopted. He submitted that whether the
petitioners develop the subject property or MCGM develops the
subject property or any third party develops the subject property, the
exemption under Section 124 F is to the land belonging to and vesting
in local authority and therefore, who is developing it makes no
difference to the plain language of Section 124F.
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31. The respondents are seeking to insert the words “the lands
belonging to Central Government, State Government or any other local
authority” and shall be exempted from development charge “in cases
where either the Central Government or State Government or local
authority itself is undertaking the activity of institution or change of use
or development of the land.” In the provisions of Section 124F, the
earlier sentence is absent by process of imaginary interpretation of the
exemption clause. He submitted that it is enough for a person seeking
exemption of development charge that the property belongs to a local
authority and it vests in the local authority. The question whether the
local authority is actually in possession of or exercises control in
respect of such property is not required to be separately met. He
submitted that in any event, in this case, the subject property is owned
by and is vested with the local authority. The land “vests” with MCGM
by all connotations and meaning of “vesting.” It is submitted that if the
arguments of the respondents Corporation are accepted, it would
amount to rewriting the exemption clause under Section 124F.
32. It is submitted that the petitioners have not accepted the
correctness of the demand made by the Corporation for payment of
development charge but have paid the amount under protest as
th st
recorded in their letter dated 7 August 2020 and 21 December 2020.
Though the payments have been made under protest, the petitioners
are entitled to challenge the illegal and arbitrary levy of development
charges. He submitted that the levy of development charges in this case
is in derogation to the express provisions of Section 124F and thus
deserves to be set aside.
33. It is submitted that if development would have been carried out by
the State Government or Central Government or planning authority,
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they were not required to apply for permission under Section 44 of the
MRTP Act and in that event, there was no question of paying any
development charges. It is submitted that merely because the State
Government has not undertaken infrastructure projects, the tax without
authority of law does not become payable. The State Government in its
wisdom may have taken up infrastructure projects on the basis of its
outlay of income from all other sources and the tax that infrastructure
projects are being undertaken cannot be an aid for interpreting the plain
language of the statutory provision.
34. It is submitted that the only way to read two sub-sections of
Section 124 F is that the Section 124 F (i) is an absolute exemption to
a particular category i.e. land belonging to State Government, Central
Government or local authority. The second category of exemption
under Section 124(ii) is to be separately provided for by the State
Government by a notification. Section 124F(ii) has no connection with
Section 124F(i).
35. In so far as the issue of alternative remedy raised in the affidavit-
in-reply is concerned, it is submitted by the learned senior counsel that
the objection now raised is too late. Writ petition issues has been
admitted way back in the year 2016 and therefore, assuming that if an
alternative remedy is available, the petitioners ought not to be
derogated to the alternative remedy. He submitted that considering the
questions raised in the present batch of petitions, the alternative remedy
is not an efficacious remedy in this case. It is submitted that the
impugned action on the part of the respondents in this case is ultra
virus, illegal and contrary to the plain language of the Statute and thus
this Court has an ample power to entertain this writ petition.
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36. Learned senior counsel for the petitioners also placed reliance on
the provisions of the Maharashtra Housing and Area Development
(Disposal of Land) Rules, 1981, the Maharashtra Housing and Area
Development (Disposal of Land) Regulations, 1982, Regulation No.21
under the Maharashtra Housing and Area Development (Estate
Managements, Sale, Transfer and Exchange of Tenements)
Regulations, 1981 and also relied upon the definition of “local authority”
under Section 2(26) of the Maharashtra General Clauses Act, 1904 and
the definition of “local authority” under Section 2(31) of the General
Clauses Act, 1897 in support of his submissions.
37. Learned senior counsel for the petitioners placed reliance on the
following judgments in support of the aforesaid submissions : -
(i) Hyderabad Asbestos Cement Product Vs. Union of India,
2000 (1) SCC 426 (paragraph 8);
(ii) Achal Industries Vs. State of Karnataka, 2019 SCC Online
SC 428 (paragraph 11),
(iii) Orissa Warehousing Corporation Vs.CIT, (1999) 4 SCC 197
(paragraphs 38 & 40),
(iv) Vodafone International Holding vs. Union of India, (2012) 6
SCC 613 (paragraphs 400 to 403),
(v) Commissioner of Customs Vs. Dilip Kumar & Co., (2019) 9
SCC 1 (paragraphs 24, 53 to 55 and 64 to 65),
(vi) D.M. Haridwar Vs. Harish Malhotra, (2015) 11 SCC 513
(paragraphs 10 & 14),
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(vii) Gursahai Saigal Vs. CIT, AIR 1963 SC 1062 (paragraph 8);
(viii) Ahmedabad Urban Development Authority Vs.Sharadkumar
Jayantikumar Pasawala, (1992) 3 SCC 385 (paragraph 7);
(ix) MCGM Vs. Noshir Shapurji Dhabhar, 1991 (1) BCR 53
(paragraph 26);
(x) Buildarch, Mumbai Vs. MCGM, 2010 (6) BCR 218 (paragraph
21),
(xi) F & V Merchants Union Vs. Improvement Trust Delhi, AIR
1957 SC 344 (paragraph 19);
(xii) Whirlpool Corporation Vs. Registrar of Trademarks, 1998 (8)
SCC 1 (paragraph 14);
(xiii) Radhakrishnan Industries Vs. State of Himachal Pradesh,
2021 (6) SCC 771 (paragraph 27).
Submissions of Mr. Chinoy, learned senior counsel
for Respondent No.2-Corporation in WP 1334 of 2019.
38. Mr. Aspi Chinoy, learned senior counsel for respondent No.2-
Corporation submitted that the petitioner No.1-Society is a registered
Co-operative Housing Society of 194 members, who are
tenants/allottees of respondent No.2-Corporation in respect of 10
chawls (collectively known as Shivaji Nagar) standing on a plot of land
admeasuring 8200 sq. mtrs., which is owned by respondent No.2-
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Corporation. In the year 2008, petitioner No.1 gave redevelopment
rights in respect of these buildings / property to petitioner No.2, who
carried on business as Builders and Developers.

the provisions of Regulation 33(7) of the Development Control

capitalized value of Rs.134.65 crores as a condition for grant of LoI.
During the period between June, 2018 and November, 2018,
respondent No.2-Corporation issued IODs. By a demand notice dated
23/01/2019, respondent No.2-Corporation demanded a payment of
Development Charges aggregating to Rs.7.94 crores from the
petitioners.

respondent No.2-Corporation sent another demand notice dated
18/06/2020 for recovery of Development Charges, amounting to a sum
of Rs.3.98 crores from the petitioners. On 07/08/2020, the petitioners
paid the Development Charges under protest. Respondent No.2-
Corporation, thereafter, further raised a demand notice for Development
Charges of Rs.24.28 lakhs, which was paid by the petitioners under
protest on 21/12/2020.

Authorities. On its plain terms, Section 124F does not indicate a
legislative intent to exempt from liability to pay Development Charges
on development being carried on by third parties, on lands, which are
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‘owned’ by the Government or Local Authorities. The language / plain
terms of Section 124F does not give an exemption to a private or third
party, who is carrying on development / redevelopment in his own right
and for his own benefit, on the ground that the land on which such
development is taking place is ‘owned’ by the Local Authorities.

its terms only gives an exemption to development of lands “vested in or
under the control or possession of the Central or State Governments or
of any Local Authority”. Learned senior counsel submitted that the term
‘vested’ cannot be equated with the word ‘ownership’. Section 124F,
which provides for exemption, has to be construed strictly. He relied

Vegetable Merchants Union Subzi Mandi v. Delhi Improvement

and 19 thereof, and submitted that the term ‘vesting’ has variety of
meaning, which has to be gathered from the context in which it has
been used. It may mean full ownership, or only possession for a
particular purpose, or clothing the authority to deal with the property as
an agent of another person or authority’. He submitted that the word
‘vest’ has not got a fixed connotation, meaning in all cases, that the
property is owned by the person or the authority in whom, it vests. It
may vest in title, or it may vest in possession or it may vest in a limited
sense, as indicated in the context in which it may have been used in a
particular piece of legislation.

‘vested’ used therein is unclear and ambiguous and has been
incorrectly contended by the petitioners. Section 124F and in particular,
the word ‘vested’ used therein, necessarily has to be construed in the
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context of the rest of Section 124F and in the context of the purpose /
object sought to be achieved by Section 124F.

Section 124F i.e. along with the words "under the control or
possession”, the word ‘vested’, connotes vested in enjoyment or use.
So construed, Section 124F gives an exemption from levy of
Development Charges, where the land, which is being developed, is in
the present enjoyment or use of the Government or Local Authority, or
under the control or possession of the Government or the Local
Authority; - as in all such cases, the development even if carried out by
a third party, would necessarily have to be at the instance of and for the
benefit of the Government or Local Authority.

‘vested’ as denoting ownership, would result in Section 124F becoming
arbitrary and unreasonable; inasmuch as it would result in a private
party / third party, who is carrying on development in his own right and
for his own benefit, would get an exemption from payment of
Development Charges too, merely because the lessor / owner /
reversion right holder is the Government or a Local Authority.
Significantly, the petitioners have not been able to provide any basis /
justification / public purpose that would be sub-served if the exemption
in Section 124F was construed as covering a private third party
undertaking development of land in his own right and for his own
benefit, merely because the lessor / reversionary right / owner of the
land was the Government or a Local Authority. The petitioners’ case
has been that they are not required to furnish any such basis /
justification, in view of the plain and unambiguous terms of Section
124F.
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has been held by the Constitution Bench of the Hon’ble Supreme Court

exemption clause (in contradistinction to a charging section/provision) is
required to be strictly construed. A person, invoking an exemption
provision to relieve him of tax liability, must establish clearly that he is
covered by the said provision. In case of any doubt or ambiguity,
benefit thereof must go to the State. If there is ambiguity in an
exemption clause, the benefit of such ambiguity cannot be extended to
the subject / assessee. It is submitted that, at numerous places in the

both, exemption notifications and exemption provisions / sections in a
statute are treated as being at par / similar.

No.2-Corporation has not added any words to Section 124F of the
MRTP Act as sought to be canvassed by the petitioners to construe that
only if the Central or State Governments or Local Authorities itself
carries out development, they are entitled to seek exemption from
payment of Development Charges under Section 124F. He submitted
that the interpretation canvassed by respondent No.2-Corporation
merely intends construing the word ‘vested’ in enjoyment or use. It is
submitted by learned senior counsel that the term ‘control’ or
‘possession’ does not make any reference to title nor relates to
ownership. The said provision does not contemplate the exemption to
the development done by others.
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language of Section 124F is ambiguous and is required to be
interpreted in favour of the revenue to mean ‘possession’ only. He
submitted that the law on interpretation of taxing statute and exemption
notification is that the ambiguity in charging section be interpreted in
favour of the assessee, while ambiguity in exemption notification be
interpreted in favour of the revenue. It is submitted that the three
phrases in Section 124F would indicate that the authorities i.e. the
Central or State Governments or Local Authorities must be in control
and possession of lands and, therefore, ‘vesting’ of the land or the
building is not of ownership and, therefore, title to the lands for which
exemption is sought is irrelevant and ‘vesting’ must take colour from
‘control’ and ‘possession’. It is submitted that for the purposes of

have all the facets of ‘vesting’ – use, enjoyment, occupation, possession
and control of land or building in addition to ownership. He submitted

to mean ownership, Section 124F would have instead of the three
phrases used the word ‘ownership’ or ‘belonging to’ and, therefore,
ownership by itself is excluded and the three phrases are required to be
read in context and conjunctively.

rationale for exemption and also explain for whose benefit development
is being undertaken and why exemption is warranted. It is submitted
that the word ‘vested’ occurring in Section 124F is a term of ambiguous
import. The word ‘vesting’ by its very nature is ambiguous and
susceptible to several interpretations. As a result, the language of
Section 124F, which is a provision of exemption in a statute is unclear
and ambiguous. The interpretation, which favours the department must
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be accepted and the interpretation, which favours the assessee must be
rejected.

submitted that in the present case, the land admittedly vests with
respondent No.2-Corporation, who exercises control in respect of the
development / institution of use or change of use of the land and,
therefore, is covered by exemption under Section 124F. He submitted
that the same argument will also apply to lands owned by MHADA and
leased to Co-operative Societies, where MHADA exercises full control
over the lands/buildings.

each and every case claiming exemption under Section 124F. It is
sufficient for the person claiming exemption to prove either ‘vested in’ or
‘in control of’ or ‘in possession of’ the respondent-Corporation. He
submitted that assuming the word ‘vested in’ is the term of ambiguous
import, the exemption would nevertheless be available to lands which
satisfied either one of the three criteria mentioned in Section 124F since
the three phrases are used with ‘or’ making them disjunctive.

‘vest’ occurs at several places in MRTP Act, such as in Section 31(5),
Section 128(3), Section 115(1), Section 68(A), Section 83(1), (3),
Section 105 (2), Section 113A, Section 118(1), (2), Section 119, Section
126 (1) (c), Section 128(3), Section 160(2)(a) and Section 161. The
word ‘vesting’ in the MRTP Act, at all places, is used in the context of
ownership. Therefore, the mere fact that the words ‘belonging to’ or
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‘owned by’ are not used in Section 124F, makes no difference. Learned
senior counsel submitted that in any case, the words used disjunctively
i.e. vested in, ‘under control of’ and ‘in possession of’, denote a much
wider meaning than the lands owned by or belonging to.

caveats for applicability of Section 124F and, therefore, according to the
respondents, Section 124F actually should read as follows:

institution of use or on change of use or development
of any land or building vested in or under the control
or possession of the Central or State Governments
or of any Local Authority.

State Government or Local Authority is
itself undertaking the activity of
institution or change of use or

carried out at the instance of or for the
benefit of the Central Government, State
Government or Local Authority,

occupation, possession, and control of
the land or building.
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Government or Local Authority has

and building.

or change of use of land/building should
be for benefit of Central Government,
State Government or Local Authority,
and it shall be deemed to be ‘for the
benefit of Central Government / State
Government / Local Authority if it is in
larger interest of State Government,
Central Government or Local Authority
even though incidental benefit is
enjoyed by the Developer.”

Section 124F is absolutely clear and not ambiguous. Since there is no
ambiguity in the said provision, the issue of interpretation of such a
statutory provision or even a statutory notification granting exemption in
a manner sought to be interpreted by the respondents would not arise.
It is submitted that Section 124A to Section 124F are part of the statute,
which is a provision for levy, assessment and recovery of the impost. In
the event of any ambiguity, it has to be interpreted in favour of the

issued by the Executive in exercise of the statutory power and was not
dealing with the statutory provision.
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in any of these three components, no tax can be levied till the ambiguity
or defect was removed by the legislature. In case of exemption
notification or clause, the same is to be allowed based wholly by the
language of the notification and exemption cannot be gathered by
necessary implication or on a construction different on the words used
by reference to the objects and purpose of granting exemption. The
interpretation of Section 124F by the respondent-Corporation does
complete violence to the plain, clear, and unambiguous language.

Development Charges shall be levied by the Planning Authority or
Development Authority on institution of use, change of use, of any land
or building for development of any land or building for which permission
is required under the MRTP Act. The person instituting the use or
change of use or commencing development is the assessee. The
permission for institution of use or change of use or development of
land or building is required under Sections 43 and 44 of the MRTP Act
unless such activity is undertaken by the Central Government, State
Government or Local Authority.

Corporation of Section 124F is accepted, then in that case, both
Sections 124A and 124F would become meaningless insofar as
institution of use, change of use or development of any land or building
vesting in or under control of or in possession of the above three
authorities are concerned. The fact that Section 124F grants exemption
in respect of lands and buildings vesting in or under the control or
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possession of the three authorities for which permission is necessary in
unmistakable terms indicates that a person other than these three sets
of authorities is undertaking these activities, when exemption under
Section 124F is attracted. He submits that if this Court accepts the
interpretation of Section 124F as canvassed by the respondent-
Corporation, such interpretation would render Section 124F completely
nugatory, which cannot be the intention of the legislature.

following judgments in his rejoinder arguments:-

(2017) 12 SCC 1 .

(2018) 12 SCC 107.

Private Limited & Ors. Decided on 17/03/2022 in Appeal (L)
No.8104 of 2020

AIR 1956 SC 202.
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petitioners would fall under Section 124F(1) of the MRTP Act. All the

the exemptions under Section 124F(2). He submitted that unless
shown that plain interpretation leads to ambiguity, purposive
interpretation is not permissible. He submitted that when Section 124A
was inserted in the MRTP Act, Sections 44 and 45 of the MRTP Act
already existed. Application under Section 44 of the MRTP Act is not
required to be made by Central Government or State Government or
Local Authorities. Rest of the persons seeking development of the land,
are required to apply under the said provision.

‘control’ prescribed in Law Lexicon by Ramanatha Iyer. He also relied
upon the dictionary meaning of ‘control’ prescribed in Lex Dictionary.
FACTS in WPL 17580 of 2022
61. By this writ petition filed under Article 226 of the Constitution of
India, the petitioners have prayed for a writ of certiorari for quashing and
setting aside the demand notices for development charges,
development cess and labour welfare cess. The petitioners have
prayed for setting aside the demand notices for development charges at
this initial stage and prayed for reliefs in respect of labour welfare cess
or development cess at the later stage.

th
62. On 27 August, 1946, the grant was made with respect to the
property of the land admeasuring 1045 sq.yards equivalent to 897.30
sq.mts. or thereabouts being new plot no. 362/2 and old plot no. 364
and 363, Part of Suburban Scheme No. III, Chembur as described in
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paragraph 1.1 of the petition. The State of Maharashtra is the owner of
the said land.
63. In the year 1967, the flat purchasers formed a society in the
name of Basant Vihar Co-operative Housing Society Limited which is
nd
duly registered. On 22 August, 1969, the legal heirs of Mr.Basantrai
and the petitioner society entered into a registered Deed of Conveyance
thereby conveying the said property in the name of the petitioner
society.

nd
64. On 2 January, 2020, in the Special General Body meeting, the
petitioners decided to go for self-redevelopment and sought proposals
from various Development Consultants/Contractors. The petitioners
st
accordingly passed a resolution on 21 January, 2020 and decided to
th
appoint M/s.Mahavir Enterprises on 6 February, 2020 as the
st
contractor. On 31 March, 2022, the petitioner no.1 executed and
registered a development agreement with the petitioner no.2 for the
redevelopment of the said land.
th
65. On 25 April, 2022, the respondents issued a tax invoice challan
thereby demanding development charges and other amounts from the
petitioners. The petitioners have thus filed this petition for various
reliefs.
Submissions of Mr.Sanket Mone for the petitioners
in WPL 17580 of 2022:-
66. Mr.Mone, learned counsel for the petitioners adopts the
submissions made by Dr.Sathe learned senior counsel for the
petitioners in WP/1334/2019.

for the Municipal Corporation in WP (L) No.17580 of 2022
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submitted that Chapter VI-A of the MRTP Act, inserted in the year 1992,
deals with levy, assessment and recovery of Development Charges.
The Development Charge is leviable as a fee imposed to enable the
Authority to provide public amenities within its area and for improvement
of the area. Contribution towards Development Charges is relatable to
amenities provided by the Authority, like roads, parks, water supply,
drainage, etc. He relied upon Section 2(2) of the MRTP Act.

the constitutional validity of Chapter VI-A has been upheld in the

This Court upheld that the classification under Section 124B of the Act
is based on intelligible differentia, having nexus to the object sought to
be achieved.

writ petition and submitted that the challenge of the petitioners is only
for the refusal to grant exemption under Section 124F on the ground
that the property is owned by the Collector and, therefore, vested in the
State. There is no challenge to the constitutional validity of Chapter VI-
A or the charging Section 124A. He submitted that even otherwise, no
such challenge could have been made in view of the principles laid

development is undertaken privately by developers on land belonging to
the Authorities and have been paying Development Charges and they
all understood that exemption is not applicable to the development
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undertaken by them.

Buildtech vs. State of Maharashtra, decided on 15/09/2017 in Writ

and 19. He also placed reliance on the judgment of the Hon’ble

5 and 7. Learned senior counsel placed reliance on the judgment of the

Municipality v. Indian Tourism Development Corporation (1995) 5

of meaning. He submitted that the levy of Development Charges
demanded by the Planning Authority are the charges for public
purposes. The petitioners have not shown in the writ petition as to how
the petitioners are entitled to seek exemption from payment of
Development Charges.

application must be made to the Planning Authority under Chapter VI-A,
including an application under Section 124E in respect of Development
Charges. Such application is thereafter considered by the Authority.
The consideration includes Development Charges to be paid. If any
exemption is sought for, if they are entitled, the reasons for which
exemption is to be granted have to be disclosed by the persons seeking
exemption.

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is decided by the Planning Authority, any person aggrieved, can file an
appeal under Section 124G after following the procedure under Section
124H, which includes pre-deposit of amount claimed in the notice of
assessment from the person, who wants to develop. It is submitted that
in this case, no appeal has been filed by the petitioners, to avoid the
pre-deposit of amount. He submits that this writ petition shall not be
entertained also on the ground that there is an efficacious remedy
available for filing an appeal under the MRTP Act.

Charges are not in the nature of taxes but is a fee. He submitted that
none of the judgments thus relied upon by the learned senior counsel is
applicable. He submitted that the judgments cited by learned senior
counsel for the petitioners are clearly distinguishable. No application is
made by the petitioners under Section 124F and the basis thereof.

Charges under Section 124A is on institution of use, change of use or
development of any land or building and under Section 124A(2), the
Development Charge shall be leviable on any person who institutes the
use, change of use or seeks development of any land or building.

with remaining part of Section 124F, vesting, control, possession as well
as in view of the fact that the exemption is only for development being
undertaken by the Central or State Government or Local Authority and
not by any private party. If the argument of the petitioners is accepted,

sought to be achieved.
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develop his land, has to make an application and pay the Development
Charges. The petitioners, therefore, cannot classify a person developing
private properties or properties of the Authorities. If the arguments of

development independently of any Local Authority and on his own
accord on the property of the Authority. They are not the Contractors of
the Authority and, therefore, it cannot be held that the development is
on behalf or for the exempted category. Exemption under Section 124F
has to be read with Section 124A and Section 44 of the MRTP Act.
Exemption under Section 124F is claimed only if the development is
undertaken by the Authority. When the Authorities have divested their
rights to develop the property privately, merely because the Authority
has title to the property, it cannot be said that the property vests in the
Local Authority and, moreover, the property is not under the control or
possession of the Local Authority.

exemption under Section 124F, the property ought to be owned by,
vested in, and shall be in possession and control of the Local Authority.

the Authority, the exemption is not applicable. It cannot be held that
property vests in Public Authority only because they have title to the
property when control or possession is not with the Local Authority.

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double taxation since the Planning Authority charged Development
Charges under Section 124A and additional FSI under Regulations
33(24), 35(4) of the DCR. This Court, after considering various
provisions relied upon by the parties, including Section 124A, held that
the Development Charges are payable.

consideration before the Hon’ble Supreme Court was whether the
Municipal Act exempted the payment of assessment if the property is
vested in the Authority. The building was owned by the Municipality and
occupied by the tenants on the basis of a Hire Purchase Agreement,
which would make them owners after the period for payment of entire
amount came to an end. The question, which fell for consideration
before the Supreme Court, was whether the building owned by the
Corporation vests in the Corporation. The Supreme Court held that the
property does not vest merely because it is owned by the Corporation.

submitted that the question fell for consideration of the Supreme Court
was whether the property owned by the Central Government and given
to International Airport Authority for running airports, because of
ownership the property vested in the Central Government and,
therefore, exempted from payment of municipal taxes. The Supreme
Court held that because the Central Government is merely an owner,
the property does not vest in the Central Government.
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FACTS IN WRIT PETITION NO. 2193 OF 2022 :-
83. By this petition filed under Article 226 of the Constitution of India,
the petitioners seek a declaration that the demand and recovery of the
development charge is without authority of law and ultra vires the
Constitution of India.
84. The petitioners also seek a writ of certiorari for quashing and
setting aside the impugned demand note and the corresponding
impugned tax invoice annexed at Exs.G and H to the petition. The
petitioners also seek a writ of mandamus for order and directions
against the Municipal Corporation to refund the amount of first
installment of development cess/additional development cess together
with interest thereon and for other reliefs.
85. The Municipal Corporation is the owner/lessor of the Plot No. 92,
Agripada (West), Estate as well as building standing by name ‘Bene
Israel Building’ thereof. It was constructed during World War II and
used for housing the orphans and the destitute from Bene Israel Jew
Community. The said plot was leased in the year 1937 for 99 years and
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further renewed upto 11 August 2048.
86. The petitioners mooted a redevelopment proposal under
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Regulation 33(7) of the DCPR 2034. On 14 January, 2022, the
Municipal Corporation issued an IOD after receipt of NOC from MBE &
R Board and Estate Department of MCGM, the lessor. In furtherance
of the IOD, the MCGM raised various demands including the impugned
notes and demand invoices.
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Submissions of Mr.Sanjay Kadam, learned counsel
for the petitioner in WP No.2193 of 2022 in his arguments :-
87. Mr.Kadam, learned counsel for the petitioners adopted the
submissions made by Dr.Sathe, learned senior counsel for the
petitioners in Writ Petition No. 1334 of 2019 and made additional
submissions.
88. It is submitted by the learned counsel that the development
charge cannot be levied in respect of the redevelopment of MCGM
owned land by the Corporation. As per the scheme of the Bombay
Improvement Trust Act, these leasehold lands were entrusted to the
Bombay Improvement Trust for the purpose of improvement by
providing proper roads, sanitation etc. and after making such
improvements, these leasehold lands were granted on lease to various
lessees. The said leasehold lands are already developed by the said
trust and/or the respective lessees. It is submitted that the development
charge and/or development cess cannot be imposed in respect of
redevelopment of the said leasehold lands.
89. It is submitted that section 124(A) of the MRTP Act, by way of an
amendment in the year 1992, it classifies the categories in respect of
which the Development charges can be levied viz. institution of use of
land, change in use or development of land and building for which
permission is required under the MRTP Act. He relied upon definition of
‘development’ under section 2(7) of the MRTP Act, then prevailing in the
year 1992 and submitted that the said definition did not include the
words ‘demolition of the structures and erection of new building’. He
submits that it was a clear intention of the Legislature, not to bring
‘demolition of the structures and erection of new building’ within the
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ambit of section 124(A) of the MRTP Act.
90. It is submitted by the learned counsel that the Development
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Control Regulation 1991 which came into effect on 20 February, 1991,
permitted various rehabilitation and redevelopment schemes by way of
demolition of existing structures and erection of new buildings thereon.
The definition of ‘development’ however renamed the same.
91. It is submitted that the petitioners are implementing
redevelopment scheme under Special Regulation i.e. DCR 33(7) read
with Appendix III of the DCPR 2034. He relied upon clause (15) of the
DCPR 33(7) and submitted that the said provision clearly contains the
provision regarding imposition of additional development cess. It is
submitted that the levy, demand and recovery of the development
charges under section 124(A) of the MRTP Act in respect of the
redevelopment of Municipal Corporation leasehold plot is arbitrary and
ultra vires the Constitution of India.

Corporation submitted that in this case, the respondent-Corporation is
the owner of the plot, which was granted on lease by the Corporation to
the predecessors of petitioner No.1. The development rights are given

site infrastructure charges are also challenged by the petitioners in this

Central or State Government or Planning Authority is required to apply
for development permission they are exempted from payment of
Development Charges under Section 124F.
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building for which permission under the MRTP Act is necessary. Section
43 also specifically provides that after the date on which the declaration
of intention to prepare a Development Plan for any area is published in
the Official Gazette, no person shall institute or change the use of any
land or carry out any development, land without the permission in
writing of the Planning Authority. He submitted that if the development of
any land or building is intended to be undertaken and permission for
such development is required under the Act, then such person has to
apply for permission for such development, and the Planning Authority
has no choice, but to levy Development Charge because of the
mandatory language used namely "shall levy".

manner, provide that if the land is owned by the Central or the State
Government or by the Local Authority, no permission will be required
under the Act. The said section provides a procedure to be followed by
any person, not being Central or State Government or Local Authority to
apply for such permission to develop in such form and containing such
particulars and accompanied by such documents as may be prescribed.

such applications. The words "rules made in this behalf" will include the
said Regulations. There are other statutory provisions that govern the
procedure to be followed when Central or State Government, or Local
Authority intends to develop any land.
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enacting the Chapter VI-A of the MRTP Act and submitted that the
purpose of enacting Chapter VI-A was for the benefit of the Central
Government, State Government or Planning Authority in public interest
and not for the benefit of any Developer or any other persons
redeveloping the property for their own profit.

MRTP Act read with Sections 43 and 44. He submitted that Section 44
is not the only section relating to permission. Section 44 is the section
relating to application for permission for development as the marginal
note of that section shows. It is Section 43, which makes such
development permissible only on obtaining permission in writing of the
Planning Authority, without mentioning Central or State Government or
Local Authority for excluding them from the purview of section 43.

MRPT Act mandates on the party, not being Central or State
Government or a local authority, who intends to carry out any
development on any land, to make an application in writing to the
Planning Authority for permission. He submitted that if the Central or
State Government or Local Authority intends to develop the property, it
shall not be required to make an application to the Planning Authority as
stated under Section 44 of the MRTP Act.

make any development on the land even when it is the owner of the
land. It is the petitioner-Society, which intends to develop the land by
demolishing the old building and by constructing a new one in its place
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by availing of the benefits conferred on such development by the DCR
in the nature of additional FSI by way of incentive, which will be sold in
the market.