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
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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
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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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