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
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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.)
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