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Bombay High Court

DAIV LAXMI SRA CO OP HSG SOCIETY LTD.versusASSTT REGISTRAR CO OP SOCIETIES EASTERN AND WESTERN SUBURB

Decided
Disposal
DISPOSED OFF

Holding

The petition was dismissed as no separate Annexure‑II exists for the petitioner and the required document had already been provided.

Summary

The petitioner, Daiv Laxmi SRA Co-Op Hsg. Society Ltd., filed a writ petition under Article 226 seeking a certified copy of Annexure‑II specific to its society. Respondents submitted an affidavit stating that the society originated from a 1990s slum rehabilitation scheme (Kanyachapada) and that its members are already listed in the Annexure‑II of that scheme, which had been provided to the petitioner. The affidavit further asserted that no separate Annexure‑II exists for the petitioner. The Court accepted the respondents' statement, finding no basis for further adjudication. Consequently, the petition was disposed of without any order for a separate copy, and no costs were awarded.

Issues considered

  • Whether the petitioner is entitled to a separate certified copy of Annexure‑II distinct from that of the original slum rehabilitation scheme.

Subjects

  • Writ petition
  • Article 226
  • Certified copy
  • Annexure‑II
  • Slum rehabilitation
  • Co‑operative housing society
  • Petition disposed

Judgment

                                                                                     13-WP-3265-2023 (OS).DOC
2026:BHC-OS:2503-DB

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

                                    WRIT PETITION NO. 3265 OF 2023

             Daiv Laxmi SRA Co-Op Hsg. Society Ltd.                       ...Petitioner
                    Versus
             Asst. Registrar Co-Op Societies, Eastern And
             Western Suburb, SRA & Ors.                                   ...Respondents
                                                 _________
             Mr. Sunil J. Kanoujia a/w. Darshana Indulkar Kanoujia and Priyanka R. Kanoujia
             for the petitioner.
             Mr. Vijay D. Patil, Senior Advocate with Mr. Abhijit M. Patil for respondent no.
             2-SRA.
             Mr. Virendra Tiwari a/w. Davina Judith for respondent no. 3.
                                                __________

                                                    CORAM:          G. S. KULKARNI &
                                                                    AARTI SATHE, JJ.

                                                    DATE:           28 JANUARY 2026

             P.C.

             1.     We have heard learned counsel for the petitioner.

             2.     The only prayer as made in this petition reads thus:

                    “a)     This Hon’ble Court be pleased to issue a writ, order or direction under
                    Article 226 of the Constitution of India thereby direct the respondents to
                    provide certified copy of Annexure-II of the petitioner.”


             3.     Reply affidavit on behalf of respondent nos. 1 and 2-Slum Rehabilitation

             Authority has been filed, the relevant contents of the said affidavit are required to

             be noted in respect of slum scheme which has already been completed and which

             appears to be in the year 1990. The said paragraphs reads thus:

                    “6.     Even otherwise, I say the initially a SRD scheme was implemented
                    around early 1990s for one Kanyachapada over the land bearing CTS No.
                    620 (ot), Village Malad (East), Mumbai 400 063. I say that there were
                    around 746 Slum Dwellers in the said scheme which was being implemented
                    by respondent no. 2.

                    7.     I say that multiple rehab buildings were constructed by the

                                                   Page 1 of 2
                                                 28 January 2026
                                                                                                      13-WP-3265-2023 (OS).DOC



                                  Respondent no. 3 over the land bearing CTS No. 620(pt), Village Malad
                                  (East), Mumbai 400 063. I say that around 9 Rehab Buildings were
                                  constructed in stages by the respondent no. 3.

                                  8.      I say that it appears that, after the construction of each rehab building
                                  and occupation of them by the Slum Dwellers, respective Societies were
                                  formed by each of the Rehab Building. I say that the Rehab Building C-1
                                  which was constructed by the respondent no. 3 and for which O.C. was
                                  granted in the year 1996 have formed their own society and that is the
                                  petitioner herein. I say that there are around 48 members in the petitioner
                                  Society which was occupied by the Slum Dwellers from the Annexure-II of
                                  Kanyachapada.

                                  9.      Hence, I say that there is no separate Annexure-II for the petitioner
                                  Society. I say that the members of the petitioner society as mentioned on
                                  page 26 of the Writ Petition appear on the Annexure II of the Kanyachapada
                                  which comprises of 746 Slum Dwellers. I say that the copy of the Annexure-
                                  II of Kanyachapada has already been provided to the petitioner. Even
                                  Otherwise, if required I will provide



                        4.       We accept the statement. In view of the clear statement as made in the

                        reply affidavit and more particularly in paragraph 9, in our opinion, further

                        adjudication of this petition is not called for. Keeping open all contentions of the

                        parties in regard to any other proceedings which the members of the petitioner

                        may intend to adopt, petition stands disposed of. No costs.




                        (AARTI SATHE, J.)                                                    (G. S. KULKARNI, J.)




Signed by: Vidya S. Amin                                          Page 2 of 2
Designation: PS To Honourable Judge                             28 January 2026
Date: 29/01/2026 10:59:53


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