1 WP2503.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2503 OF 2009 WITH CHAMBER SUMMONS NO.384 OF 2009 Worli Siddhivinayak SRA Co-operative Housing Society Ltd. ..Petitioner Vs. The High Power Committee & ors. ..Respondents. AND WRIT PETITION (L) NO.52 OF 2010 WITH CHAMBER SUMMONS 24 OF 2010 M/s.Gharandaj Builders ..Petitioner Vs. The High Power Committee & ors. ..Respondents. ......... Appearances:- (In W.P.No.2503/2009) Mr.A.Y.Bookwala, Senior Advocate i/b.Mr.S.A.Sawant, for petitioner. Mr.Milind Sathe, Senior Advocate with Mr.G.D.Utangale i/b.M/s.Utangale & Co. Mr.P.K.Dhakephalkar, Senior Advocate with Mr.J.S.Chandnani, for respondent nos.4, 6 to 8. Mr.Gaurav Joshi with Mr.Azmin Irani, Mr.S.N.Vimadalal, Mr.Manish Doshi i/b.M/s.Vimadalal & Co., for respondent no.5. Mr.V.A.Thorat i/b.Mr.V.D.Patil, for respondent nos.9 to1 17 & 19. 2 WP2503.sxw (In W.P. (L) No.20/2010) Mr.P.K.Dhakephalkar, Senior Advocate i/b.Mr.J.S.Chandnani, for petitioner. Mr.D.A.Nalavade, G.P. For respondent nos.2 and 3. Mr.Gaurav Joshi with Mr.Azmin Irani, Mr.Vimadalal, Mr.Manish Doshi i/b.M/s.Vimadalal & Co., for respondent no.3. ......... CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 10th AUGUST, 2010. P.C. : Rule. Rule is made returnable forthwith by consent of the parties. 2] By consent of the parties, Writ Petitions are disposed of in the following terms:- The order dated 1 st August, 2009 of the High Power Committee and the order dated 30 th October, 2009 passed by the Assistant Registrar, Co- operative Societies (SRA), Mumbai, are set aside and they are substituted with the following order:- (A) The High Power Committee shall hear all the parties i.e. (1) Two builders namely M/s.Chunnilal Velji Patel & Co. and M/s.Gharandaj Builders, (2) Worli Siddhivinayak SRA Co-operative Housing Society Ltd., (3) Twenty persons who have been held eligible for rehabilitation as per the order dated 16 th November, 2002 passed by the Chief Executive Officer, S.R.A. or their legal representatives and (4) such other persons who may be held eligible for rehabilitation either by this court or by any other competent authority, and determine the following issues:- 3 WP2503.sxw i. On the date when the Letter of Intent was granted, M/s.Chunnilal Velji Patel & Co. was holding consent of how many eligible persons? ii. What are the effective steps taken towards implementation of development scheme by M/s.Chunnilal Velji Patel & Co. by 26 th October, 2001? iii. Whether because of letter dated 26 th October, 2001 addressed to the M/s.Chunnilal Velji Patel & Co. by the Slum Dwellers, the authority given to M/s.Chunnilal Velji Patel & Co. stands terminated, if so, to what extent? iv. The High Power Committee shall also decide whether the authority given to M/s.Chunnilal Velji Patel & Co. was terminated ? v. Whether because of the Circular dated 28 th December, 2004, the authority given to M/s.Chunnilal Velji Patel & Co. to develop the slum, has lost its efficacy, if so, whether in the facts and circumstances prevailing M/s.Chunnilal Velji Patel & Co. is entitled for renewal of its authority or for grant of fresh authority? vi. Whether M/s.Gharandaj builders holds authority given 4 WP2503.sxw by the required number of members for grant of Letter of Intent, if so, on what terms and conditions? (B) For determination of the issues, the High Power Committee, if necessary, may examine in person, the slum dwellers involved. All contentions of both the sides are kept open to be raised before the High Power Committee. (C) The Society namely Worli Siddhivinayak SRA Co-operative Housing Society Ltd. shall within a period of four weeks from today, admit to its membership all the persons who have been held eligible for redevelopment by the competent authority or the court and shall take steps to delete those who are not entitled to rehabilitation and, thereafter, shall take steps to hold the elections to the Managing Committee of the Society and complete the process of election, as expeditiously as possible, and in any case within a period of three months from today. It is made clear that if the Society fails to hold the elections within the aforesaid period, the authorities of the Government under the Maharashtra Co-operative Societies Act shall be entitled to appoint an Administrator of the Society for the purpose of holding elections. The elections to the Managing Committee shall be held under the supervision of the officer to be appointed by the Registrar of the Co- operative Societies. (D) The High Power Committee shall make order in accordance with this order, as expeditiously as possible, and in any case, within a period of 5 WP2503.sxw twelve weeks from today. In view of the disposal of Writ Petitions, Chamber Summons also stands disposed of. [R.G. KETKAR, J.] [D.K.DESHMUKH,J.]