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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 The corporation later informed the court that the architect had withdrawn the proposal on 21‑01‑2026.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 The decision rests on the principle that a petition must be based on a live dispute; once the underlying matter is withdrawn, the court lacks jurisdiction to entertain it.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Section 342 of the Maharashtra Co‑operative Societies Act, 1960 can be challenged when the underlying proposal has been withdrawn.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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