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Bombay High Court

THEKKADETH KRISHNADASversusSTATE OF MAHARASHTRA

Decided
Disposal
DISPOSED OFF

Holding

The court permitted the withdrawal of the writ petition and directed the petitioner to approach the Apex Grievance Redressal Committee within four weeks.

Summary

The petitioners sought a writ of mandamus to compel the respondents to direct various authorities to enter into a permanent alternate accommodation agreement for a 325 sq.ft. unit in the Shankar Lok Building redevelopment. The respondents argued that the petitioners' name was absent from Annexure II of the redevelopment scheme, denying any entitlement. The petitioner's counsel requested permission to withdraw the petition and instead challenge the exclusion 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 directed the committee to decide the matter within twelve weeks. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioners are entitled to permanent alternate accommodation under the redevelopment scheme despite not being listed in Annexure II.
  • Whether the High Court can grant mandamus when the petitioner's entitlement is contested on the basis of Annexure II.
  • Whether the petition may be withdrawn and the matter referred to the Apex Grievance Redressal Committee.

Subjects

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

Judgment

          Digitally
          signed by
          RUPALI
RUPALI    RAJESH                                                       68-WP-4776-2024.doc
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.20
          13:39:19
          +0530
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                 WRIT PETITION NO. 4776 OF 2024


                   Thekkadeth Krishnadas & Anr.                  ...Petitioners
                        Versus
                   The State of Maharashtra & Ors.               ...Respondents


                   Mr. Sujeet Kurup for the Petitioners.

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

                   Mr. Manish Upadhye, 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-4776-2024.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


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                                                                68-WP-4776-2024.doc


            and such further orders as are required.



            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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