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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