Disposed

Great Western Buildings Tenants Co-Op Housing Society Ltd. v. the State of Maharashtra and 25 Ors.

Bombay HC7 Dec 2011WP/1618/2007

Case brief

AI extract

What is this about?

Disposes of a writ petition by the petitioner Society regarding redevelopment. Grants landlords four years to complete the project, allows extension applications, and orders refund of deposited amount within six weeks.

What did the court decide?

Time granted for redevelopment for four years; permission to apply for extension; directed refund of deposited amount to petitioner's within six weeks.

Great Western Buildings Tenants Co-Op Housing Society Ltd… — Property and Title | Bombay HC (2011)

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pvr １ wp1618-07

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.1618 OF 2007

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Great Western Buildings Tenants
Co-op. Hsg.Society Ltd.

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...Petitioner

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vs.

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1.The State of Maharashtra
and others....Respondents

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Mr.Arif Bookwala, Sr.Advocate i/b. Ms.U.M.Zaveri,
for Petitioner.

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Mr.P.K.Dhakephalkar, Sr.Advocate with
Mr.S.S.Purohit i/b. Vimadalal & Co., for
Respondent nos.4 to 7, 9,11 to 19, 21,23 & 25.

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Mr.G.W.Mattos, AGP for Respondent nos.1 & 2.

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CORAM: D.K.DESHMUKH &
ANOOP V. MOHTA, JJ.

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DATED: 7th December,2011.

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P.C.:-

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1.Mr.Dhakephalkar, the learned Counsel

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appearing for Respondent nos.4,5,8,9, 11 to 19,
21, 23 & 25 states that these respondents are

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part owners of the building which is subject

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pvr ２ wp1618-07

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matter of this petition. He further states that

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these respondents are willing to redevelop the
property. He states that the members of the
petitioner-Society who in law are entitled to be
accommodated in the redevelopment project will be
accommodated in accordance with law. He further
states that the landlords have applied for

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various permissions that are necessary to be
obtained for redevelopment of the property and
considering that the permissions from various
authorities are required, the landlords should be
given at least four years time to complete the
redevelopment of the project.

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2.Mr.Arif Bookwala,SeniorAdvocate

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appearing for petitioner-Society states that the
members of the petitioner-society will co-operate

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with the landlords in redevelopment of the
property and also give necessary consent to the
landlords.

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pvr ３ wp1618-07

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3.Mr.G.W.Mattos, the learned AGP appearing

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for Respondent nos.1 and 2 states that Respondent
no.2 will communicate to the learned Advocate
appearing for the aforesaid respondents, the
documents which the landlords have to submit to
respondent no.2 for obtaining its permission and

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the documents for redevelopment of the project

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within a period of four weeks from today.

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4.The statements made by the learned

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Counsel appearing for parties recorded above are
accepted.

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5.In case the landlords are not able to

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complete the project within a period of four
years from today, the landlords would be at
liberty to apply for extension of time to this
Court. Before moving such an application, a copy

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of the application shall be served on the
petitioner society and other respondents.

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pvr ４ wp1618-07 6. In case, the landlords are not able to

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redevelop the property as per their statement and

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this order, the petitioner-society and its

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members shall be at liberty to apply to the

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authorities for redevelopment of the property in
accordance with law. In case, such an
application is made, the authority shall deal

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with such application in accordance with law.

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7.The learned Counsel appearing for

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respondent no.2 MHADA states that the amount that
has been deposited by the petitioner-society with

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MHADA before filing of this petition will be
refunded to the petitioner-society within a
period of six weeks from today. The statement is
accepted.

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The petition is disposed of.

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(ANOOP V.MOHTA, J.)

Great Western Buildings Tenants Co-Op Housing Society Ltd. v. the State of Maharashtra and 25 Ors.

Case brief

What is this about?

What did the court decide?

Great Western Buildings Tenants Co-Op Housing Society Ltd. v. the State of Maharashtra and 25 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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