The High Court dismissed a writ petition challenging the legality of sanctioned construction plans and seeking demolition orders. The Court held that the petition suffered from gross laches as plans were sanctioned in 2005 and an occupation certificate was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 879 OF 2010.
Ramkutir Co-op. Hsg. Society Pvt. Ltd & Anr. Versus Bombay Municipal Corporation of Greater Bombay & Others.
..Petitioners.
..Respondents.
Ms. Alpana Ghone i/b Sonal Doshi & Co., for the petitioners. Ms. Shobha Ajitkumar for BMC.
Mr. Gaurav Joshi i/b Thakore Jariwala & Co., for respondent nos. 11 to 13.
Ms. Uma Palsuledesai, AGP.
Coram : SMT. RANJANA DESAI & R. V. MORE, JJ. Date : September 13, 2010.
P. C. :
the petitioners have prayed that the sanctioned plans and the construction of A & B Wings of Ramkutir Co-operative Housing Society Ltd be declared illegal. The petitioners have also prayed that a direction be issued for demolition of the said two Wings.
learned counsel for the Corporation. Admittedly, the petitioners have filed suit against respondent 11- the developers and others, being S. C.
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S. No. 2087 of 2005 in City Civil Court at Bombay. We deem it
appropriate to quote prayer clauses (l) to (o) made in the said suit, which are as follows :
(n) that this Hon’ble Court be pleased to declare the defendant no.1 have ceased to have any right to further develop the Suit Property described in Exhibit-A hereto and sell the flats thereon to the third party and the defendants be permanently restrained from carrying out any construction activity on the Suit Property described in Exhibit-A hereto.
(o) that this Hon’ble Court be pleased to permanently restrain the defendant no.1 from in any manner selling, transferring, encumbering or creating third party interest in respect of flats, shops, tenements, etc., in the new building being constructed by the defendant no.1 on the suit plots.”
suit the petitioners are seeking a direction against the builders asking them to carry out their obligation under the Maharashtra Apartment
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Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act 1963 (for short “MOFA”). That suit is for enforcement of the builders obligations. She submitted that in this petition the petitioners have challenged the validity of sanction plan. Hence filing of the suit will not come in the way of the petitioners in getting reliefs prayed for in this petition.
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complete, Occupation Certificate has been granted in respect thereof and the flat purchasers are occupying the said two Wings. In our opinion, in such circumstances, the petition cannot be entertained. The writ petition is, therefore, dismissed.
(R.V. More, J.) (Smt. Ranjana Desai,J.)
1 issue framed by the court
Whether the writ petition challenging the validity of sanctioned construction plans and praying for demolition can be entertained given the occurrence of gross laches and existence of occupation certi
2 provisions across 2 enactments
Ramkutir Co-op. Hsg. Society Pvt. Ltd & Anr.
Bombay Municipal Corporation of Greater Bombay & Others
Smt. Ranjana Desai
R.V. More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
