Bombay High Court
Rajeshri Realtors vs Sweet Angel Home Builders And 4 Ors on 19 January, 2021
Bench: S.J. Kathawalla, V. G. Joshi
Digitally
signed by
Swaroop Swaroop S.
Phadke
S. Date:
Phadke 2021.01.21
15:12:43
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 220 OF 2021
IN
WRIT PETITION NO.1308 OF 2019
M/s. Rajeshri Realtors ... Applicant
IN THE MATTER BETWEEN :
M/s. Sweet Angel Home Builders ... Petitioners
Versus
MCGM & Ors. ... Respondents
Mr.Vishal Thaker a/w. Ms.Anjali Trivedi, Ms.Nandita Shah i/b. V. Thakers'
Advocates for the Applicant.
Mr.Nigel Quraishy i/b. Mr.Dushyant Krishnan for the Petitioners.
Mr.Abhishek Khare a/w. Mr.R.Y.Sirsikear i/b. Ms. Aruna S. Savla for MCGM.
Mr.S.B.Gore, AGP alongwith Mr. Sukanta Karmakar, AGP for the State.
Mr.Jagannath Gavhane, Sub Engineer (DP), present.
CORAM : S.J. KATHAWALLA, &
VINAY JOSHI, JJ.
DATE : 19TH JANUARY, 2021.
P.C. :
1. On 2nd May, 2019 this Court (Coram : R.M.Borde, as he then was and
N.J.Jamadar, JJ.) passed the following Order :
"1. The petitioner is praying for issuance of Writ of Mandamus
or any other appropriate writ, order or direction to respondent
Nos.1 to 3 to follow due process of law and acquire land bearing
CTS No.1A/2, 1A/2 (1 to 44) of village Ambivali, Taluka
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Andheri, known as Veera Desai Road. It is pointed out by the
counsel appearing for the petitioner that possession of the
property has already been taken over by the Municipal
Corporation and said property is being utilized for widening of
the road, and project of construction of road is undertaken by
MMRDA. It is also accepted position that the responsibility of
making payment of compensation rests on the Municipal
Corporation. Counsel appearing for the respondent Municipal
Corporation on instructions, informs that on receipt of valuation
report from Special Land Acquisition Officer No.7 (SLAO-7) or
Deputy Director of Town Planning, Mumbai the same would be
presented for sanction of the Municipal Commissioner,
Improvement Committee and Corporation. It is further
informed that in observance of necessary formality, amount of
compensation would be paid to the petitioner within a period of
six months from today.
2. In the facts and circumstances of this case, in our view, ends of
justice would be met in directing the Municipal Corporation to
pay the amount of compensation determined by the SLAO-7, in
observance of the procedure required to be adopted in that regard,
as expeditiously as possible, preferably within a period of six
months from today and it is accordingly directed.
3. The Special Land Acquisition Officer-7 or Deputy Director,
Town Planning, Mumbai, on receipt of request from Municipal
Corporation shall determine the amount of compensation in
respect of acquired property and furnish the report to the
Municipal Corporation within a period of four weeks from the
date of receipt of request from the Municipal Corporation.
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4. It is clarified that this court has not considered the merits of
contentions raised by the parties, and it would be open for the
petitioner to raise appropriate challenge before appropriate
forum, in case petitioner feels aggrieved by determination of
amount of compensation.
5. In view of above, writ petition stands disposed of."
2. The compensation payable to the Petitioners is quantified by the
Director Town Planning at Rs.6 Crores and the MCGM is willing to deposit the said
amount in Court along with interest accrued thereon or to make payment of the said
sum as directed by the Court. The Petitioners have raised several objections with
regard to the said valuation including the objection that there is no valuation report
produced by the authorities. However, as can be seen from paragraph 4 of the Order
dated 2nd May, 2019, liberty has been granted to the Petitioners to approach the
appropriate forum in case the Petitioners are aggrieved by the determination of the
amount of compensation.
3. Today, the above Interim Application filed by the Applicant - M/s.
Rajeshri Realtors is before us. The Applicant has relied on an order passed by the
learned Single Judge of this Court (Coram : R.I.Chagla, J.) dated 27 th September, 2019,
wherein the learned Single Judge has recorded the statement of the learned Advocate
for the Petitioners - M/s. Sweet Angel Home Builders : "...... that upon the Municipal
Corporation being directed to deposit 50% of the compensation, the said sum deposited shall
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be appropriated to the decretal sum payable to the Judgment Creditor in the Execution
Application."
4. In view of the above, we pass the following Order :
i. The learned Advocate for the MCGM has handed over to the Associate
a banker's cheque for an amount of Rs.6,89,24,016/- drawn in favour of the
Prothonotary and Senior Master, which the Associate shall forward to the
Prothonotary and Senior Master.
ii. The Prothonotary and Senior Master shall encash the said banker's
cheque and pay 50% of the compensation amount to the Petitioners and the balance
50% shall be paid to the Applicant - M/s. Rajeshri Realtors upon an Application being
made by them to the Prothonotary and Senior Master in the Execution Application.
iii. Needless to add that the Petitioners are at liberty to challenge the
compensation amount determined by the Director Town Planning and all contentions
of the Petitioners as well as MCGM / State are kept open in this regard.
iv. It is also clarified that the Applicant shall be at liberty to recover the
balance decretal amount due and payable to the Applicant by the Petitioners in the
Execution proceedings or any other proceedings taken out as advised.
v. The above Interim Application is accordingly disposed off.
(VINAY JOSHI, J. ) ( S.J. KATHAWALLA, J. )
