Municipal Staff Om Satlaj Cooperative Housing Society Limited vs The State of Maharashtra through Urban Development Department

Judgment text excerpt

1/10 912-wp-2302-25.doc 2025:BHC-OS:10990-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2302 OF 2025 Municipal Staff Om Satlaj Co-op Hsg Sty Ltd. ...Petitioner Versus The State of Maharashtra, through Urban Development Department & Ors ...Respondents ----- Mr. Anand Pai a/w Mr. Sachin Mhatre Rochelle Fernandes i/b Mhatre Law Associates for Petitioner. Ms Manisha Gawde, AGP for State. Ms Pushpa Yadav i/b Ms Komal Punjabi for BMC. Mr. Kunal Kanuga a/w Mr. Rohit Agarwal i/b Mr. Atishay Jain for Respondent Nos.5 & 6. ----- CORAM : G.S. KULKARNI & ARIF S. DOCTOR, JJ. DATE : 10th JULY, 2025. ORAL JUDGMENT (PER G. S. KULKARNI, J.): 1 This petition under Article 226 of the Constitution of India is being pressed only for the following prayer: “C. issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order, direction directing the said Respondent Nos. 1-3 not to insist on a No Objection Certificate (NOC) from the Respondent No. 5 and / or the Respondent No. 6, their subordinates, consultants or any other person claiming through them, as a condition prerequisite to processing any application for development, permission or NOC that the Petitioner may make either through themselves or through the Respondent No. 4, in furtherance of the Development Agreement dated 15th March, 2024.” 2 The Petitioner is a Co-operative Housing Society formed by the Municipal Staff and is the owner of land alongwith the building stated to be situated at Irla – Village, Vile Parle (West) Mumbai-400056. The existing Meera Jadhav 2/10 912-wp-2302-25.doc building consisted of Ground + 3 upper floor, having 13 residential flats. The Building was in a dilapidated condition. Accordingly, in a Special General Body Meetin