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Bombay High Court

ALMEIDA BAUG CHAWL SRA CO-OP. HOUSING SOCIETYversusSTATE OF MAHARASHTRA, THROUGH MINISTRY OF URBAN DEVELOPMENT

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered the forwarding of the NOC within six weeks and the consideration of the proposal within a further six weeks, and disposed of the interim application and writ petition.

Summary

The petitioners, Almeida Baug Chawl SRA Coop. Housing Society, sought interim relief directing the State of Maharashtra and its agencies to forward a No Objection Certificate (NOC) issued by the Estate Department to the Slum Rehabilitation Authority (SRA) and to consider the society's development proposal annexed as Exhibit “J”. The applicants confined the relief to forwarding the NOC and, thereafter, to consider the plan in accordance with law. The Court, without addressing the merits, ordered the competent authority to forward the NOC within six weeks and to decide on the proposal within a further six weeks, based on the NOC. Following these directions, the Court disposed of both the interim application and the writ petition.

Issues considered

  • Whether the High Court can grant interim relief directing the respondents to forward the Estate Department's No Objection Certificate to the SRA
  • Whether the Court can direct the respondents to consider and decide the petitioners' development proposal pending the final disposal of the writ petition

Subjects

  • interim relief
  • no objection certificate
  • housing society
  • land use
  • court order
  • administrative law
  • high court
  • BMC
  • State of Maharashtra
  • Slum Rehabilitation Authority

Judgment

PDP                                                   49-IAL-27735-2026.doc


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

           INTERIM APPLICATION (L) NO. 27735 OF 2026
                              IN
                WRIT PETITION NO. 2416 OF 2025
                            WITH
                WRIT PETITION NO. 2416 OF 2025

Almeida Baug Chawl SRA Coop. Housing
Society, Proposed & Anr.                       .. Applicants

In the matter between:

Almeida Baug Chawl SRA Coop. Housing
Society, Proposed & Anr.                       .. Petitioners

             Vs.

State of Maharashtra & Ors.                      .. Respondents
                                  ...
Ms. Nilima V. Sanglikar for the applicants/petitioners.
Smt. Gauri G. Sawant, AGP for Respondent No1-State.
Ms. Shweta Patankar for Respondent No.2-BMC.
Mr. Prakhar Tandon a/w Ms. Rutuja Shedge, Yashi Bhatt i/by
Ravleen Sabharwal for Respondent No.3-SRA.
                                  ...

             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                     ADVAIT M. SETHNA, J.

            DATE      : 10th SEPTEMBER, 2026.

P.C. :

1.          The applicants/petitioners pray for the following reliefs in
Interim Application (L) No. 27735 of 2026: -


            “(a) Pending the hearing and final disposal of the
            above Writ Petition, this Hon’ble Court may be pleased
            to direct the Respondents to consider and decide, the
            proposal submitted by the Applicants as reflected in the
                                   1
PDP                                                   49-IAL-27735-2026.doc


           plan annexed at Exhibit “J” in accordance with law and
           within such time as this Hon’ble Court may deem fit;

           (b)   Pending the admission, hearing and final disposal
           of the above Writ Petition, this Hon’ble Court may be
           pleased to direct the Respondents to undertake a proper
           survey of the existing land use of the subject lands and
           the surrounding area and, on the basis thereof,
           reconsider the necessity and justification of the
           reservations imposed upon the subject lands;

           (c)    Pending the hearing and final disposal of the Writ
           Petition, direct the Assistant Commissioner, L Ward, to
           forthwith forward the No Objection Certificate issued by
           the Estate Department with Annexure II to Respondent
           No.3 for processing the Applicants’ proposal and for
           issuance of the Letter of Intent (LOI) and Intimation of
           Approval (IOA) in accordance with law;”


2.         The    learned   counsel    for   the   applicants/petitioners
confined the relief, firstly, to forthwith forward     the No Objection
Certificate issued by the Estate Department with Annexure II to
Respondent No.3 for processing the Applicants’ proposal and for
issuance of the Letter of Intent (LOI) and Intimation of Approval (IOA),
which is to be addressed by the Competent Authority. Thereafter, to
consider    and    decide    the      proposal     submitted        by        the
applicants/petitioners as reflected in the plan annexed at Exhibit “J”
to the Interim Application, in accordance with law.


3.         Be that as it may. Without adverting to the merits of the
matter, we direct the Competent Authority to forward the No
Objection Certificate issued by the Estate Department with Annexure
II to respondent no.3 within a period of six weeks and thereafter the
respondents shall consider and decide the proposal submitted by the
applicants/petitioners as reflected in the plan annexed at Exhibit “J
                                   2
                             PDP                                                 49-IAL-27735-2026.doc



                             to the Interim Application within a period of further six weeks, in the
                             light of the NOC granted by the competent authority.


                             4.         With the above directions, the Interim Application and the
                             Writ Petition are disposed of.



                             [ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]




          Digitally signed
          by PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2026.09.11
          17:57:00 +0530




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