1 wp414.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.414 OF 2011 KJ Sardar Nagar Geetanjali Co-op. Housing ) Society Ltd., )..Petitioners Versus The State of Maharashtra & Ors. )..Respondents ---- Mr.Mangesh M.D.Patel for the petitioners. Mr.D. A. Nalawade Government Pleader for the State. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ DATE : 21st November, 2011 PC 1 By order dated 31.3.2010 respondent/MHADA permitted the change from residential to commercial activities on various terms and conditions by giving details reasoning at page no.113. It is required to be noted that MHADA has already granted such permission in the past. At that time, the petitioners have filed a writ petition being Writ Petition No.55 of 2007. The High Court directed the MHADA to hear the petitioners and concerned respondents and thereafter MHADA has taken appropriate decision 2 wp414.11.sxw in that behalf. The said order is at page-64 of the compilation. Ultimately, by the impugned order dated 31.3.2010 MHADA has granted such permission by observing that resolution no.5553 dated 27.03.2000 has been amended vide resolution no.6461 dated 4.2.2010. At the relevant time, Administrator was in-charge of the society and in fact, he has also given NOC . The details reasons have been given by the MHADA for permitting such use. It is required to be noted that at the time when MHADA decided the matter the elected members of the society were not functioning as learned Counsel has pointed out that in March-2010, a new body was elected which is in-charge. Considering the said aspect, it cannot be said that MHADA has committed any illegality in passing the impugned order and permitting commercial activities in the premises in question on which activity is going on since many years. In view of the same, we do not find any substance in the petition. Petition is therefore, rejected. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 3 wp414.11.sxw