DATTATRAY AMBO MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Writ Petition is filed by 6 out of 32 members of Respondent No.6 - Ganesh Kripa Co-operative Housing Society Ltd., at Shivaji Road, near Sanjay Clinic, Panvel, District Raigad (for short 'the said Society'), seeking a declaration that the order dated 5 th December, 2018 passed by the Commissioner, Panvel Municipal Corporation (respondent No.3) accepting the report of the expert Committee that the building of the said Society is in a very dilapidated condition and needs to be demolished and reconstructed, and also the notice dated 31st December, 2018 issued by the Designated Ward Officer of the respondent No.4 under Section 264 of the Maharashtra Municipal Corporations Act, 1949 for demolition of the building on the ground that it is in a ruinous state and to prevent any mishap needs to be forthwith demolished, be declared as illegal, unconstitutional and void ab initio and the same be quashed and set aside.

(2.) As stated earlier, the Writ Petition is filed by only six out of 32 members of the said Society. They have through their Advocate submitted before us that all the six Petitioners are not against the redevelopment of the society building. However, by a Resolution dated 27th September, 2014 the Society appointed a builder/developer i.e. M/s Neelkanth Constructions to redevelop/reconstruct the building of the said Society and the said appointment is opposed by the petitioners. The petitioners also filed proceedings before the Co- operative Court challenging the said Resolution dated 27 th September, 2014 i.e. to cancel the appointment of M/s Neelkanth Constructions as Builders/Developers to reconstruct / redevelop the Society Building. The said proceedings filed by the petitioners by an order dated 28th November, 2019 have been dismissed.

(3.) In the meantime, the Petitioners had also filed two Writ Petitions before this Court being Writ Petition Nos. 3365 of 2017 and 11043 of 2017 which were disposed off by an order dated 13 th July, 2018. Paragraph 5 of the said order is reproduced hereunder :-