IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7221 OF 2006 WRIT PETITION NO.7221 OF 2006 WRIT PETITION NO.7221 OF 2006 Shri Sanjay Sathu, Age: 40 years, ) Occu: Service, R/at 20A/1204, ) MHADA, Powai, Mumbai - 400 076. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents WITH WITH WITH WRIT PETITION NO.7249 OF 2006 WRIT PETITION NO.7249 OF 2006 WRIT PETITION NO.7249 OF 2006 Shri Ratan Singh Bhavra, ) Age 38 years, Occu: Service, ) R/at M/43, Jalvayu Vihar, ) Sector II C, Near Hiranandani ) Gardens, Powai, Mumbai-400 076. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) -= : 2 : =- Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents WITH WITH WITH WRIT PETITION NO.7276 OF 2006 WRIT PETITION NO.7276 OF 2006 WRIT PETITION NO.7276 OF 2006 Shri Sudhir B. Mahadeshwar, ) Age: 39 years, Occu: Service, R/ ) at 2, Shivchhaya, Mohini Village, ) Sakinaka, Mumbai - 400 072. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents WITH WITH WITH WRIT PETITION NO.7668 OF 2006 WRIT PETITION NO.7668 OF 2006 WRIT PETITION NO.7668 OF 2006 Mr.Shiv Singh Yadhav, Age: ) 40 years, R/at 202/17B, Customs ) Colony, Powai, Mumbai - 400 076. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) -= : 3 : =- Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents WITH WITH WITH WRIT PETITION NO.7248 OF 2006 WRIT PETITION NO.7248 OF 2006 WRIT PETITION NO.7248 OF 2006 Shri Rajesh M. Kushalkar, ) Age: 42 years, Occu: Service ) R/at 603, Raigad, I.I.T. Mumbai ) C.H.S. Ltd., Behind S.M. Shetty ) School, Powai, Mumbai - 400 076. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents WITH WITH WITH WRIT PETITION NO.7250 OF 2006 WRIT PETITION NO.7250 OF 2006 WRIT PETITION NO.7250 OF 2006 Shri Vipankumar Chand Age: ) 39 years, Occu: Service R/at ) S.C.I. Maritime Training ) Institute, 52C, Mumbai-400 072. )..Petitioner V/s. 1. The Chairman, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 2. The Director Marketing, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) -= : 4 : =- 3. MHADA, ) Gruh Nirman Bhavan, MHADA, ) Kalanagar, Bandra (E), ) Mumbai - 400 051. ) ) 4. The State of Maharashtra )..Respondents Mr.R.S.Apte, Advocate i/b. M.S.Lagu for the petitioner. Mr.V.S.Masurkar, G.P. with Mrs.M.P.Thakur, A.G.P. for the respondent No.4. CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 4TH AUGUST, 2008. DATED : 4TH AUGUST, 2008. DATED : 4TH AUGUST, 2008. JUDGMENT (PER J.P.DEVADHAR, J.) JUDGMENT (PER J.P.DEVADHAR, J.) JUDGMENT (PER J.P.DEVADHAR, J.) 1. The petitioners in all these petitions have challenged the orders passed on 27-6-2005 / 28-6-2005 by the Maharashtra Housing and Area Development (‘MHADA’ for short) whereby the flats allotted to the respective petitioners in the proposed Powai Planet Co-operative Housing Society (‘Society’ for short) has been cancelled. Since the reason for cancelling of the allotment is common, all these petitions are heard together and disposed of by this common Judgment. 2. In all these cases, the petitioners had approached MHADA with a view to purchase a flat in the buildings constructed by MHADA at Powai. The petitioners were directed to approach the Chief Promoter of the Society who was authorised by MHADA to -= : 5 : =- sell some of the flats in the building constructed by MHADA. Accordingly, the petitioners approached the Chief Promoter of the Society and paid token amount for purchase of the respective flat. Thereupon, MHADA issued provisional offer letter to each of the petitioners setting out the terms and conditions as well as the price payable for the respective flat and for becoming the members of the proposed Society. MHADA further issued no objection certificate (NOC) to each of the petitioners to enable them to obtain housing loan from the financial institution. Accordingly, the petitioners had applied for loan and the same has been sanctioned. 3. However, by the impugned orders dated 27-6-2005 and 28-6-2005 the allotment made to each of the petitioners have been cancelled by MHADA in the light of the Division Bench Judgment of this Court in the case of Pooja Estate Consultant & Construction & Ors. V/s. MHADA & Anr. (Appellate Side Writ Petition No.10243 of 2004) decided on 25/2/2005. Challenging the aforesaid orders dated 27-6-2005 / 28-6-2005 the present petitions are filed. 4. It is argued on behalf of the petitioners that the allotment made to the petitioners have been cancelled solely on the ground that this Court on -= : 6 : =- 25/2/2005 in a dispute between the developers and MHADA has held that the MHADA could not allot flats in the buildings in question without issuing advertisement. It is contended that the petitioners were not parties to the proceedings in which Division Bench Judgment dated 25/2/2005 is delivered and moreover the said decision has been reversed by the Apex Court in the case of Powai Planet Co-op. Housing Society (Proposed) Powai Planet Co-op. Housing Society (Proposed) Powai Planet Co-op. Housing Society (Proposed) V/s. Pooja Estate Consultant & Construction & Ors. V/s. Pooja Estate Consultant & Construction & Ors. V/s. Pooja Estate Consultant & Construction & Ors. reported in (2007) 9 Supreme Court Cases, 235. (2007) 9 Supreme Court Cases, 235. (2007) 9 Supreme Court Cases, 235. 5. There is no dispute that the sole reason for cancelling the allotment is the Division Bench decision of this Court delivered on 25/2/2005. Once the basis of the impugned orders, namely, the Division Bench Judgment of this Court passed on 25/2/2005 is set aside by the Apex Court, the impugned orders would not survive and will have to be quashed and set aside. 6. Accordingly, the impugned orders dated 27-6-2005 and 28-6-2005 passed in the respective petitions are quashed and set aside. Rule is made absolute in the above terms with no order as to costs. (D.K.DESHMUKH, J.) (D.K.DESHMUKH, J.) (D.K.DESHMUKH, J.) -= : 7 : =- (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)