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Bombay High Court

ANNA MARIA NUNESversusSTATE OF MAHARASHTRA

Decided
Disposal
DISPOSED OFF

Holding

The Court permitted the petitioner to withdraw the writ petition, directing her to approach the A.G.R.C within four weeks, and disposed of the petition.

Summary

Petitioner Anna Maria Nunes filed a writ petition seeking a mandamus directing various respondents to enter into a permanent alternate accommodation agreement for 325 sq.ft. in the redevelopment of Shankar Lok Building. The respondents argued that the petitioner’s name was absent from Annexure II of the redevelopment scheme, and therefore she was not entitled to any relief. The petitioner’s counsel requested permission to withdraw the petition and instead challenge the exclusion from Annexure II before the Apex Grievance Redressal Committee (A.G.R.C). The Court allowed the withdrawal, granting liberty to file the appropriate proceeding before the A.G.R.C within four weeks and directing the Committee to decide the matter within twelve weeks. Consequently, the petition was disposed of by the Court.

Issues considered

  • Whether the petitioner is entitled to permanent alternate accommodation under the redevelopment scheme despite alleged omission from Annexure II.
  • Whether a writ of mandamus is the appropriate remedy in the circumstances.
  • Whether the petitioner may withdraw the writ petition and pursue relief before the Apex Grievance Redressal Committee.

Subjects

  • mandamus
  • redevelopment
  • alternate accommodation
  • Annexure II
  • withdrawal of petition
  • Apex Grievance Redressal Committee
  • High Court
  • writ petition

Judgment

          Digitally
          signed by
          RUPALI                                                      68-WP-4613-2024.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.19
          11:13:59
          +0530        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                WRIT PETITION NO. 4613 OF 2024


                  Anna Maria Nunes                              ...Petitioner
                       Versus
                  The State of Maharashtra                      ...Respondent


                  Mr. Sujeet Kurup for the Petitioner.

                  Mr. Jagdish G. Aradwad (Reddy) for the Respondent Nos.7 and 8 –
                  SRA).

                  Smt. Varsha Sawant, A.G.P for the Respondent-State.

                  Mr. Nilesh Das for the Respondent Nos.10 to 13.

                  Mr. Bibhishan Sutar a/w Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for
                  the Respondent – BMC.

                                      CORAM : M. S. KARNIK &
                                              SANDESH D. PATIL JJ.
                                      DATE : 17th AUGUST, 2026



                 P.C. (PER SANDESH D. PATIL, J.):


                  1.         By the present petition, the petitioner is seeking a Writ of

                  Mandamus to direct the respondent Nos.1 to 7 to further direct the



   Wakodikar                                                                          1/3
                                                                68-WP-4613-2024.doc


            respondent Nos.9 to 15 to enter into permanent alternate

            accommodation agreement with respect to the entitlement of the

            petitioner to a permanent alternate accommodation for an area of

            325 sq.ft. with respect to the said re-development of the said

            Shankar Lok Building on land admeasuring 856.10 sq.mtrs. bearing

            CTS No. 3147, 3150, 4150/1 to 9 of village Vakola, Kole-kalyan,

            Santacruz East, Mumbai – 400 055.


            2.          Learned Counsel appearing for the respondents relied

            upon a letter issued by the SRA to him where it is stated that the

            name of the petitioner is not found in the ‘Annexure II’ and therefore,

            they are not entitled for any relief.



            3.          Having gone through the copy of the letter in the Court,

            learned Counsel for the petitioner states that in such an event, he

            seeks leave of this Court to withdraw the aforesaid petition with

            liberty to file appropriate proceeding before the Apex Grievance

            Redressal Committee (A.G.R.C) challenging the ‘Annexure II’ itself

            and such further orders as are required.

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                                                                68-WP-4613-2024.doc




            4.         In light of the submissions made by the learned Counsel

            for the petitioner, we permit the petitioner to withdraw the aforesaid

            petition with liberty to initiate an appropriate proceeding before the

            A.G.R.C within a period of four weeks from today.



            5.         After the proceedings are initiated, the A.G.R.C to decide

            the same within a period of 12 weeks from the date from which the

            proceedings are presented before the A.G.R.C.



            6.         Petition is accordingly disposed of in terms of the

            aforesaid observations.




            (SANDESH D. PATIL, J.)                          (M. S. KARNIK, J.)




Wakodikar                                                                        3/3


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