Seema Cooperative Housing Society Limited vs State of Maharashtra through Urban Development Department — Bombay HC (2026) — LawSathi Research

Seema Cooperative Housing Society Limited vs State of Maharashtra through Urban Development Department — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by consent: respondent No.2 to hear the petitioner and the intervenor M/s. Ganga Developers, consider the intervenor's representations dated 27/09/2025 (Exhibit F) and 07/11/2025 (Exhibit G), and decide the petitioner's request under prayer clause (a) within six weeks from 07/04/2026; all contentions kept open; interim application disposed of as nothing survived.

Issue for consideration

Whether a writ of mandamus should be issued directing respondent No.2 to acquire the strip of land on the southern portion of plot no.88, CTS No.1554-B, Tenure C (1), Ghatla Village Road, Chembur, Mumbai – 400071, in accordance with the procedure established by law (prayer clause (a)). +1 more

Court's answer

With the parties' consent, the Court directed respondent No.2 to hear the petitioner as well as the intervenor – M/s. Ganga Developers, for the purpose of considering the relief sought in prayer clause (a), to take into consideration the intervenor's representations dated 27/09/2025 (Exhibit F) and 07/11/2025 (Exhibit G), with parties to appear before respondent No.2 on 07/04/2026 at 11:00 a.m., and respondent No.2 to take a decision on the petitioner's request within six weeks from 07/04/2026.

Ratio / Principle

All contentions of the parties are kept open; the Court did not decide the merits of the petitioner's claim or the intervenor's objection to the petitioner's right to seek the relief.

Key takeaways

In view of the disposal of the writ petition, nothing survives for consideration in Interim Application (L) No.38411 of 2025 and the interim application stands disposed of.ratio¶38

Detailed headnote1 paragraphs

2026:BHC-OS:7667-DB — High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction (Division Bench: M. S. Karnik & S. M. Modak, JJ.), 30 March 2026. Seema Co-operative Housing Society Limited v. State of Maharashtra and anr., Writ Petition No. 2592 of 2025, with Interim Application (L) No. 38411 of 2025 (M/s. Ganga Developers, applicant/intervenor). The petitioner sought a writ of mandamus directing respondent No.2 (BMC) to acquire a strip of land on the southern portion of plot no.88, CTS No.1554-B, Tenure C (1), Ghatla Village Road, Chembur, Mumbai – 400071, as highlighted on the plan at Exhibit 'D'. The intervenor objected that the petitioner had no right to seek such relief. With the parties' consent, the Court disposed of the writ petition, directing respondent No.2 to hear the petitioner and the intervenor, to consider the intervenor's representations dated 27/09/2025 (Exhibit F) and 07/11/2025 (Exhibit G), with parties to appear on 07/04/2026 at 11:00 a.m., and respondent No.2 to decide the petitioner's request within six weeks from 07/04/2026. All contentions kept open; the interim application was disposed of as nothing survived. No statute or precedent was cited and no costs or quantum figure appears in the judgment.

2026:BHC-OS:7667-DB

Bhogale 25.wp-2592-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2592 OF 2025

Seema Co-operative Housing Society Limited … Petitioner Versus

State of Maharashtra and anr. .… Respondents

WITH INTERIM APPLICATION (L) NO.38411 OF 2025 IN

WRIT PETITION NO.2592 OF 2025

M/s. Ganga Developers … Applicant IN THE MATTER OF :

Seema Co-operative Housing Society Limited … Petitioner Versus

State of Maharashtra and anr. .… Respondents

Adv. Mayur Khandeparkar a/w Adv. Vikramjeet Garewal, Adv. Prashant G., Adv. Gaurav Devdhekar, Adv. Kanhaiya Jha i/b. Adv. Vedanshi Shah, for the petitioner.

Mr. Suraj Gupte, AGP, for respondent No.1-State.

Adv. Anjali Ghuge, for the respondent-BMC.

Adv. Chirag Mody a/w Adv. Siddhi Somani, Adv. Zara Dhanbhoora i/b. DSK Legal, for the intervenor in IAL/38411/2025.

Ms. Snehal Bhoir, Sub-Engineer, Development Plan present.

CORAM : M. S. KARNIK & S. M. MODAK, JJ.

DATE : 30^th MARCH, 2026

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Bhogale 25.wp-2592-2025.odt

P.C. :

Heard learned counsel for the parties.

The petitioner by this petition prays for the following substantive relief :-

“(a) That this Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing Respondent No.2 to acquire the strip of land on the southern portion of plot no.88, CTS No.1554-B, Tenure C (1), Ghatla Village Road, Chembur, Mumbai – 400071 more particularly as highlighted on the plan annexed hereto at Exhibit ‘D’, in accordance with the procedure established by law.”

Mr. Mody, learned counsel for the intervenor has a

serious objection to the grant of prayer clause (a) in favour of the petitioner. It is the submission of the intervenor that the petitioner has no right to seek such a relief.

Learned counsel for the Corporation sought time to take instructions and respond. However, considering the nature of the controversy involved, it would be appropriate and even the parties

agreed that the respondent No.2 for the purpose of considering the

relief sought in this petition in terms of prayer clause (a) shall hear

the petitioner as well as the intervenor - M/s. Ganga Developers.

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Bhogale 25.wp-2592-2025.odt

Respondent No.2 may also take into consideration the representations made by the intervenor dated 27/09/2025 at Exhibit F and dated 07/11/2025 at Exhibit G of the intervention application. Parties shall appear before the respondent No.2 on 07/04/2026 at 11:00 a.m. The respondent No.2 to take a decision on the request made by the petitioner within a period of six weeks from 07/04/2026.

All contentions are kept open.

The writ petition is disposed of.

In view of the disposal of the writ petition nothing survives for consideration in the interim application and the same stands disposed of.

(S. M. MODAK, J.) (M. S. KARNIK, J.)

Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 30/03/2026 19:26:32

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