Shramjivi Co-Operative Housing Society Ltld. vs Union of India through Ministry of Environment — Bombay HC (2025) — LawSathi Research

Shramjivi Co-Operative Housing Society Ltld. vs Union of India through Ministry of Environment — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim direction that an appropriate decision be taken by the competent authority of MHADA in the matters, keeping in view the co-ordinate bench judgment dated 29 July 2015, the MCZMA affidavit-in-reply and MHADA's letter dated 2 August 2022, with the decision to be reported to the Court by affidavit by the next date of listing; matters stand over to 30 January 2025, high on board.

Issue for consideration

Whether the judgment rendered by a co-ordinate bench of the Bombay High Court dated 29 July 2015 (The Bombay Environmental Action Group v. The State of Maharashtra and others) applies to the petitioner societies' prayer, given that the case involves redevelopment of construction existing from before the 1960s. +1 more

Court's answer

Prima facie, the judgment rendered by a co-ordinate bench of this Court dated 29 July 2015 in The Bombay Environmental Action Group v. The State of Maharashtra and others will have application to the prayer made by the petitioner society, since the case involves redevelopment of construction existing from before the 1960s.

Ratio / Principle

The Court directed that an appropriate decision be taken by the competent authority of MHADA in the matter, keeping in view the 29 July 2015 co-ordinate bench judgment, the submissions made in the affidavit-in-reply filed by MCZMA, and the contents of MHADA's letter dated 2 August 2022.

Key takeaways

The affidavit-in-reply filed by MCZMA is taken on record, a copy having been tendered to the learned counsel representing the Maharashtra Housing and Area Development Board, MHADA.¶42
The decision to be taken pursuant to the Court's direction shall be brought to the notice of the Court by way of affidavit by the next date of listing; the matters stand over to 30 January 2025 and are to be placed high on board.ratio¶52

Detailed headnote1 paragraphs

Interim post-court (P.C.) order, Division Bench of the Bombay High Court (Devendra Kumar Upadhyaya, CJ and Amit Borkar, J.), dated 2 January 2025, in a bunch of ten writ petitions (Writ Petition No. 3530 of 2024 and connected matters) filed by co-operative housing societies against the Union of India, concerning redevelopment of buildings existing since before the 1960s. The affidavit-in-reply filed by MCZMA was taken on record and a copy tendered to MHADA's counsel. The Court recorded a prima facie view that the judgment of a co-ordinate bench dated 29 July 2015 in The Bombay Environmental Action Group v. The State of Maharashtra and others would have application to the petitioners' prayer. The Court also noted MHADA's letter dated 2 August 2022 to the Department of Environment and Climate Change and MCZMA, opining that mangrove and buffer zone was not applicable to the subject column and that the area fell under CRZ-II and not CRZ-IA. The competent authority of MHADA was directed to take an appropriate decision keeping in view the 2015 judgment, the MCZMA affidavit-in-reply and the said letter, and to bring that decision to the Court's notice by affidavit by the next date. Matters stood over to 30 January 2025, to be placed high on board.

Parties & counsel

AI extract

petitioner
Shramjivi Co-operative Housing Society Ltd.¶5
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
respondent
Union of India¶5
Mr. Ashok R. Varma, Parag Vyas
petitioner
Kannamwar Nagar Sindhudurg Co-operative Housing Society Ltd.¶7
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Post And Telegraphs Staff Co-operative Housing Society ltd.¶10
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Hariyali Jeevan Co-operative Housing Society Ltd.¶12
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Arun Niwara Co-operative Housing Society Ltd.¶15
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Anand Vasti Co-operative Housing Society Ltd.¶18
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Kannamwar Nagar Takshashila Co-operative Housing Society Ltd.¶20
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Vikramchandra Co-operative Housing Society Ltd.¶22
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Shukalendu Co-operative Housing Society Ltd.¶22
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
petitioner
Kannamwar Nagar Gulmohar Co-operative Housing Society Ltd.¶22
Mr. Saket Mone, Ms. Anchita Nair, Vidhi Partners
respondent
Maharashtra Housing and Area Development Board, MHADA (Respondent Nos. 3 to 5)¶26
Mr. Siddharth Chandrashekhar, Ms. Sneha Prabhu
respondent
MCZMA (Respondent No. 6)¶27
Adv. Jaya Joil Bagwe
respondent
MCGM (Respondent No. 7)¶28
Adv. Oorja Dhond, Komal Punjabi
respondent
State of Maharashtra¶29
Smt. P.H.Kantharia GP, Smt. Varsha Sawant AGP, Smt. Jyoti Chavan Addl.GP, Smt. Fatima Lakadawala AGP, Shri. Mohit P Jadhav Addl.GP, Shri. Prashant Kamble AGP, Shri. Abhay L Patki Addl.GP, Shri. Suraj Gupte AGP, Smt. P.H.Kantharia GP, Smt. Nazia Sheikh AGP, Smt. Vaishali Choudhari, Addl.GP, Smt. Poonam Mittal AGP, Shri. Vishal Thadani Addl.GP, Shri. Vishal S Khanavkar AGP, Smt. P.H.Kantharia GP, Smt. Lavina Kriplani AGP, Smt. Prachi Tatake Addl.GP, Shri. Dipesh Siroya AGP, Smt. Jayamala J Ostwal Addl.GP, Smt. Anupama Pawar AGP

Coram

AI extract

Devendra Kumar Upadhyaya, CJmember¶39
Amit Borkar, J.member¶39