Bombay High Court
Pragati Developers vs Maharashtra Housing And Area ... on 23 August, 2022
Bench: R.D. Dhanuka, Kamal Khata
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.23555 OF 2022
M/s.Pragati Developers .. Petitioner
Versus
Maharashtra Housing and Area
Development Authority (MHADA) & Ors. .. Respondents
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Mr.Nilesh Pandey & Mr.Chandrashekhar Pal & Mr.Rahul Bhosale and
Ms.Priyanka Bhosale & Ms.Priyanka Dubey i/by M/s.Equa Juris for the
petitioner.
Mr.Akshay Shinde for the respondents-MHADA.
Ms.Oorja Dhond i/by Mr.Sunil Sonawane for the respondents-MCGM.
Ms.Uma Palsuledesai, AGP for the State.
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CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATE : 23rd AUGUST 2022
P.C.:-
. Learned counsel for the petitioner states that MHADA has
been served. Statement is accepted. He relied upon the order dated 14 th
July 2022 passed by the Division Bench of this Court in Writ Petition
(L) No.19781 of 2022 in case of M/s.Kabra & Associates & Anr. Vs.
MHADA & Ors. He submits that the similar order be passed in this writ
petition also.
2. The Petitioner has impugned notice dated 25th May 2022
annexed at Exhibit 'F' to the petition.
3. Our attention is invited to order dated 16 th June, 2022 passed
by this Court in Writ Petition (L) No.18616 of 2022 in case of Kamala
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Hub Juhu Office Premises Co-operative Society Ltd. vs. Maharashtra
Housing and Area Development Authority & Ors. and more particularly
to Para 4 thereof and would submit that his clients are ready and willing
to give similar Undertaking before this Court. Statement is accepted.
4. The learned counsel for the Petitioners undertakes that in the
event of the Petitioners failing in this Petition, if any amount is found due
and payable, the Petitioners would pay such amount to the MHADA
subject to the rights of the Petitioners to challenge adverse order, if any,
passed by this Court in this Petition.
5. In view of the undertaking given by the learned counsel for
the Petitioners, we direct MHADA not to take any coercive steps against
the Petitioners in respect of the impugned demand insofar as payment of
development charges is concerned until further orders.
6. It is made clear that if the Petitioners fail in this Petition, the
demand in respect of the development charges shall stand, however,
subject to the rights of the Petitioner to impugn the adverse order, if any,
passed against the Petitioners in this Petition before the Supreme Court.
7. It is made clear that Petitioners shall not apply for the
occupancy certificate in respect of the building proposed to be
constructed without leave of this Court.
8. It is made clear that if any application for sanction/approval
including further commencement certificate is made in respect of
tenements proposed to be constructed, the same shall be processed by
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MHADA without prejudice to the rights and contentions of MHADA and
the same shall be subject to further order that would be passed by this
Court, subject to the Petitioners complying with all other conditions
prescribed under the provisions of the MHADA and other provisions of
law.
9. Place this matter on board for 'Directions' after six weeks or
after judgment of this Court in Writ Petition (L) No.18616/2022 is
pronouced whichever is earlier. All concerned to act on an authenticated
copy of this order.
KAMAL KHATA, J. R.D. DHANUKA, J.
