1 W.P.(L) No.1243/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 1243 OF 2010 Pride of Vakola (S.R.A.) Co-op. Housing Society ) Ltd., through its Chairman and another ).. Petitioners Versus The State of Maharashtra and others ).. Respondents Mr. Anand Singh with Ms.Sarita Donde for the Petitioners. Mr. Milind More, Assistant Government Pleader, for Respondent No.1. Mr. D.A. Nalawade, Government Pleader, for Respondent No.2. Mr. J.J. Bhatt, Senior Advocate, i/b Federal & Rashmikant for Respondent No.4. Mr. Shyam Mehta i/b Kartikeya & Co. for the Intervenors. CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATED : 12TH JULY 2010 P.C. In this petition under Article 226 of the Constitution of India purportedly filed by Pride of Vakola (S.R.A.) Co-operative Housing Society Limited through Shri Dinesh Singh claiming to be its Chairman and Shri Dinkar Singh claiming to be its Secretary, protection is sought against the eviction of 40 members of the said Co-operative Housing Society from rehabilitation in building No.1, sub plot No.B-1 constructed on the said property being Plot bearing Survey No.156, CTS No.747 to 773, 775 to 789 and 734E and 651E, Vakola Pipe Line, Datta Mandir Road, Santacruz (East), Mumbai 400 055 admeasuring area of 5820.20. sq. meters. 2 W.P.(L) No.1243/10 2. At the hearing of this petition, Mr.Shyam Mehta, learned counsel claiming intervention on behalf of ten other members of the society, namely, Pride of Vakola (S.R.A.) Co-operative Housing Society Limited, submitted that 40 persons have given unauthorized possession of the premises and that the authorities are rightly seeking to evict them from the tenements in question. 3. The learned Government Pleader appearing for the High Power Committee which is permitted to be added as Respondent No.5 herein, states that the dispute, namely, Application No.198 of 2010 raised by the said Interventionist will be decided by the High Power Committee as expeditiously as possible and preferably within two months from today. 4. The learned counsel for respondent No.4, Mr. J.J. Bhatt, who are the Developers, also states that respondent No.4 has also raised a dispute, namely, Application No.190 of 2010 before the High Power Committee in respect of occupation of 40 tenements in question by unauthorized persons. 5. Having heard the learned counsel for the parties, we are of the view that in this petition under Article 226 of the Constitution of India, it is not necessary to decide the disputed questions of fact which are pending before the High Power Committee. The petition is accordingly disposed of with a direction that High Power Committee shall decide disputes raised in 3 W.P.(L) No.1243/10 Application No.190 of 2010 and Application No.198 of 2010 as expeditiously as possible and in any case within two months from today. 6. It is clarified that it will be open for the High Power Committee to examine all disputed questions of fact including the claim of the 40 occupants of the membership of Pride of Vakola (S.R.A.) Co-operative Housing Society Limited and also whether the allotment of tenements by the persons claiming to be office bearers of the society in accordance with law. After giving findings on the said issue, it will also be open to the High Power Committee to give further consequential directions. 7. Till the High Power Committee decides the above controversies, the ad-interim order dated 21st May 2010 shall continue to operate. 8. Writ Petition stands disposed of accordingly. 9. The copy of this order shall be made available to the learned Government Pleader for communicating the same to the High Power Committee for timely compliance with the directions. CHIEF JUSTICE S.C.DHARMADHIKARI, J.