DOLPHIN CO OP HSG. SOC LTD. THR ITS CHAIRMAN AND ANR vs STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Judgment text excerpt

Digitally signed by KAWRE KAWRE KIRAN 901-WP-1042-2023.DOC KIRAN KALYAN KALYAN Date: 2025.02.04 13:03:17 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1042 OF 2023 Dolphin Co. Op. Hsg. Soc. Ltd. Thr. Its Chairman & Anr. ...Petitioners Versus State of Maharashtra Thr. Its Secretary & Ors. ...Respondents _______ Mr. Avinash Fatangare a/w Archna Shelar & Vishakha Pandit for Petitioners. Mr. A. I. Patel Add. G. P. a/w P. J. Gavhane AGP for State. Mr. B. B. Sharma for Respondent No.2. Mr. P. B. Rajput, Divisional Officer (Kharghar & Kamothe) CIDCO Present. _______ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE: 04 FEBRUARY 2025 Oral Judgment (Per : G. S. Kulkarni, J.) 1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally. 2. This petition under Article 226 of the Constitution of India, in our opinion, is a gross case, of not only a glaringly unreasonable and arbitrary approach on the part of respondent No.2, City and Development Corporation of Maharashtra Limited ( for short "CIDCO") but also quite high-handed, when it withheld for almost six years an “Occupancy Certificate” to the building constructed for the benefit of the members of petitioner No. 1/ the Dolphin Co-operative Housing Society Limited. The construction of such building as per the certificate of the Architect was Page 1 of 27 03 January 2025 Kiran Kawre 901-WP-1042-2023.DOC completed on 11 July 2018 and till date, the Occupancy Certificate has been withheld, keeping away, the eighteen members of the society, who are persons of limited means, from their abode / residential units from being occupied. The ordeal of the petitioners as set out in the petition and the mechanical approach of the officers of the CIDCO would in fact shock