Bombay High Court
NEW SUJATA CO-OP HSG SOCIETY LTDversusMUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as the withdrawal of the proposal eliminates the cause of action.
Summary
The petitioner, New Sujata Co‑operative Housing Society, challenged the Municipal Corporation of Greater Mumbai’s (MCGM) approval of a proposal by Respondent No.4 to change the use of a building from residential to commercial and to alter three ground‑floor flats, invoking Section 342 of the Maharashtra Co‑operative Societies Act, 1960. The corporation later informed the court that the architect had withdrawn the proposal on 21‑01‑2026. The petitioner’s counsel, acting on instructions, confirmed the withdrawal. The court held that with the withdrawal, the grievance no longer existed and there was no cause of action to pursue. Consequently, the writ petition was disposed of, with a clarification that any future steps by Respondent No.4 would not revive the petition. The decision rests on the principle that a petition must be based on a live dispute; once the underlying matter is withdrawn, the court lacks jurisdiction to entertain it.
Issues considered
- Whether the writ petition remains maintainable after the withdrawal of the proposal for change of user.
- Whether an approval granted under Section 342 of the Maharashtra Co‑operative Societies Act, 1960 can be challenged when the underlying proposal has been withdrawn.
Legislation cited
Subjects
- change of user
- residential to commercial
- co‑operative housing society
- municipal approval
- withdrawal of proposal
- Section 342
- writ petition
- High Court
Judgment
10-wp-304-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.304 OF 2026
New Sujata Co-operative Housing Society ....Petitioner
V/S
MCGM & Ors. ....Respondents
Mr.Ashutosh Thipsay a/w Prateek Pansare i/b Sandeep Karu for
the Petitioner.
Mr.Abhishek Rastogi a/w Mr.Sushant Valimbe, Ms.Pooja Rastogi,
Ms.Meenal Songire, Ms.Aarya More and Ms.Diksha Pandey for
Respondent No.4.
Mr.Shailendra Sardar i/b Ms.Komal Punjabi for MCGM.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 22nd SEPTEMBER 2026
P.C. :
1 The Petition deserve disposal in the wake of the statement
coming from the Municipal Corporation to the effect that the
Architect of Respondent No.4 had submitted a proposal on
04/11/2020 for proposed change of user from ‘Residential’ to
‘Commercial’ alongwith addition, alteration and amalgamation of
three flats on ground floor in building known as ‘Sujata CHS Ltd.’.
It is informed by the learned counsel for the Corporation
Digitally signed
RAJSHREE
that the change of user from ‘Residential’ to ‘Commercial’ was
by RAJSHREE
KISHOR KISHOR MORE
MORE Date: 2026.09.23
16:06:49 +0530
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10-wp-304-2026.odt
also approved and even the draft plans were approved in process
flow for change of user.
However, the learned counsel for the Petitioner is under
instructions to make a statement that the proposal is
withdrawn by the Architect on 21/01/2026.
2 In the wake of aforesaid, the grievance of the Petitioner no
longer survive as what was challenged was the approval granted
by the Corporation to the proposal of Respondent No.4 under
Section 342 of the Maharashtra Co-operative Societies Act, 1960.
As from the communication from the Assistant Engineer
(Building & Proposal) K/West Ward, since the proposal presented
by Respondent No.4 which was also processed itself is
withdrawn by the Architect on 21/01/2026, no cause survives for
the Petitioner to pursue.
In the wake of above, Writ Petition is disposed of.
However, we make it clear that in case of any further steps
being taken by Respondent No.4 and approvals being granted by
the Corporation, withdrawal of this Petition shall not stand in its
way.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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