This court disposed of two writ petitions filed by a cooperative housing society seeking judicial direction for urgent structural repairs of a dilapidated building based on a structural audit report.
Direction to the Administrator to act upon the Corporation's notice for immediate structural repairs and to recover dues from members accordingly.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2689 OF 2014
Joyce Rath Nath And Anr ...Petitioner(s)
Versus
Mr. Ravi Sawant And Ors ...Respondent(s)
WITH
WRIT PETITION NO. 1593 OF 2015
Joyce Rath Nath And Anr ...Petitioner(s) Versus
Ravi Sawant And 9 Ors ...Respondent(s)
Mr. Yogesh Yagnik i/by Mrs. Joyce Rath Nath for the petitioners in both the petitions.
Ms. Shobha Ajitkumar for respondent Nos. 1 to 3 and 8 in WP No. 2689 of 2014 and for respondent nos. 1 to 4 and 8 in WP No. 1593 of 2015.
Mr. Prashant Kulkarni for respondent Nos. 5 to 7.
Adv. Sheetal Thakur i/by Adv. Vikram Chavan for respondent no. 4 in WP No. 2689 of 2014.
Mr. M.P. Jadhav, AGP for the State of Maharashtra respondent nos. 9 and 10 in WP No. 1593 of 2015 and for respondent no. 9 in WP No. 2689 of 2014.
CORAM: SHANTANU S. KEMKAR & MAKARAND KARNIK, JJ DATED: 20th JULY, 2016
PC:-
Parties through their counsel.
was appointed to administer the society has not disputed the position that the building requires immediate repairs. We find that the parties are ad idem on the point that the structural report submitted by M/s. Patwardhan & Associates has to be taken to its logical end. We also find that the Corporation has also issued
notice and thereafter accepted the report submitted by the said structural engineer. In the circumstances, we dispose of these petitions by directing the present Administrator of the society in question to act and to the Corporation to act upon the notice which has been issued by the Corporation as expeditiously as possible. As regards the expenditure part for the repairs, the Administrator is free to recover the dues from the members of the society and the flat owners/occupants in accordance with the bylaws of the society by taking appropriate steps. Let the Administrator start acting upon this order immediately. The petitioners are directed to bring this order to the notice of the present Administrator. Both the Writ Petitions stand disposed of accordingly.
(MAKARAND KARNIK,J.) (SHANTANU S. KEMKAR,J.)
Joyce Rath Nath
Mr. Ravi Sawant
Shantanu S. Kemkar
Makarand Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
