Harish Gandhi vs Maharashtra Housing And Area ...
2023 Latest Caselaw 3919 Bom

2023:BHC-OS:3134-DB                                          P1-OSRPWL-10691-2023 IN WP-1217-2021.DOC




                         Ashwini



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                      REVIEW PETITION (L) NO. 10691 OF 2023
                                                                IN
                                            WRIT PETITION NO. 1217 OF 2021


                         Harish Gandhi & Anr                                               ...Petitioners
                               Versus
                         Maharashtra Housing & Area Development                          ...Respondents
                         Authority & Ors


                         Ms Neha Shah,with Riddhi Dhamecha, i/b Dhiren Shah, for the
                             Petitioners.


                                                       CORAM      G.S. Patel &
                                                                  Neela Gokhale, JJ.

                                                       DATED:     19th April 2023
                         PC:-

1. Not on board. Mentioned. Taken on board. ASHWINI HULGOJI GAJAKOSH

Digitally signed by ASHWINI

2. The Review Petition is thoroughly misconceived. We HULGOJI GAJAKOSH Date: 2023.04.20 09:54:52 +0530 disposed of the Writ Petition by a detailed order and judgment dated 10th March 2023. We noted inter alia that these two Petitioners has no rights whatsoever. We considered the entire background.

19th April 2023

P1-OSRPWL-10691-2023 IN WP-1217-2021.DOC

3. Now the only ground for review that is sought relates to the Intimation of Disapproval ("IOD") or a Commencement Certificate ("CC") (or both) of the original 3rd Respondent. That will not in itself confer rights on the Writ Petitioners. We held that the Petitioners had no rights on the very agreements they propound. We also held that the prayers in the Writ Petition were not maintainable.

4. The Review Petition is without substance. There is no ground for review either under Section 114 or Order 47 of the Code of Civil Procedure 1908 ("CPC").

5. The Review Petition is dismissed. There will be no order as to costs.

(Neela Gokhale, J) (G. S. Patel, J)

19th April 2023