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2026 DAILYLAW 7957 (BOM)

ALMEIDA BAUG CHAWL SRA CO-OP. HOUSING SOCIETY v. STATE OF MAHARASHTRA, THROUGH MINISTRY OF URBAN DEVELOPMENT

WP/2416/2025 · 2026-09-10

body2026

Judgment text

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PDP 49-IAL-27735-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 27735 OF 2026 IN WRIT PETITION NO. 2416 OF 2025 WITH WRIT PETITION NO. 2416 OF 2025 Almeida Baug Chawl SRA Coop. Housing Society, Proposed & Anr. .. Applicants In the matter between: Almeida Baug Chawl SRA Coop. Housing Society, Proposed & Anr. .. Petitioners Vs. State of Maharashtra & Ors. .. Respondents ... Ms. Nilima V. Sanglikar for the applicants/petitioners. Smt. Gauri G. Sawant, AGP for Respondent No1-State. Ms. Shweta Patankar for Respondent No.2-BMC. Mr. Prakhar Tandon a/w Ms. Rutuja Shedge, Yashi Bhatt i/by Ravleen Sabharwal for Respondent No.3-SRA. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 10th SEPTEMBER, 2026. P.C. : 1. The applicants/petitioners pray for the following reliefs in Interim Application (L) No. 27735 of 2026: - “(a) Pending the hearing and final disposal of the above Writ Petition, this Hon’ble Court may be pleased to direct the Respondents to consider and decide, the proposal submitted by the Applicants as reflected in the 1 PDP 49-IAL-27735-2026.doc plan annexed at Exhibit “J” in accordance with law and within such time as this Hon’ble Court may deem fit; (b) Pending the admission, hearing and final disposal of the above Writ Petition, this Hon’ble Court may be pleased to direct the Respondents to undertake a proper survey of the existing land use of the subject lands and the surrounding area and, on the basis thereof, reconsider the necessity and justification of the reservations imposed upon the subject lands; (c) Pending the hearing and final disposal of the Writ Petition, direct the Assistant Commissioner, L Ward, to forthwith forward the No Objection Certificate issued by the Estate Department with Annexure II to Respondent No.3 for processing the Applicants’ proposal and for issuance of the Letter of Intent (LOI) and Intimation of Approval (IOA) in accordance with law;” 2. The learned counsel for the applicants/petitioners confined the relief, firstly, to forthwith forward the No Objection Certificate issued by the Estate Department with Annexure II to Respondent No.3 for processing the Applicants’ proposal and for issuance of the Letter of Intent (LOI) and Intimation of Approval (IOA), which is to be addressed by the Competent Authority. Thereafter, to consider and decide the proposal submitted by the applicants/petitioners as reflected in the plan annexed at Exhibit “J” to the Interim Application, in accordance with law. 3. Be that as it may. Without adverting to the merits of the matter, we direct the Competent Authority to forward the No Objection Certificate issued by the Estate Department with Annexure II to respondent no.3 within a period of six weeks and thereafter the respondents shall consider and decide the proposal submitted by the applicants/petitioners as reflected in the plan annexed at Exhibit “J 2 PDP 49-IAL-27735-2026.doc to the Interim Application within a period of further six weeks, in the light of the NOC granted by the competent authority. 4. With the above directions, the Interim Application and the Writ Petition are disposed of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3 PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2026.09.11 17:57:00 +0530