Bombay High Court
D. N. Nagar Jyoti Cooperative ... vs The Maharashtra Housing Area And ... on 8 September, 2022
Bench: R.D. Dhanuka, Kamal Khata
ppn 1 909.wpl-27692.22.doc
PRACHI
Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2022.09.10
11:16:49 +0530
WRIT PETITION (L) NO.27692 OF 2022
D.N. Nagar Jyoti Co-operative
Housing Society Ltd. .. Petitioner
Versus
The Maharashtra Housing Area and
Development Authority & Ors. .. Respondents
---
Mr.Vikram Garewal a/w Mr. Raju M. Jain i/by Mr.Devang Parmar for
the petitioner.
---
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATE : 8th September 2022
P.C.:-
. Learned counsel for the petitioner society states that the
respondents are served and tenders affidavit of service. Affidavit of
service is taken on record. The petitioner has impugned the notice dated
11th August 2022 passed by the MHADA calling upon the petitioner to
pay development charges in the sum of Rs.75,66,500/- with interest.
2. Our attention is invited to order dated 16th June, 2022 passed
by this Court in Writ Petition (L) No.18616 of 2022 in case of Kamala
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.
ppn 2 909.wpl-27692.22.doc
3. 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.
4. 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.
5. 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.
6. 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.
7. 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
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.
ppn 3 909.wpl-27692.22.doc
8. The arguments in Writ Petition (L) No.18616 of 2022 are
already concluded and matter is closed for pronouncement of judgment.
9. Place the matter on board for 'Directions after eight weeks.
Parties would be at liberty to apply for early hearing after pronouncement
of judgment in Writ Petition (L) No.18616 of 2022. The petitioner is
directed to covey this order to MHADA for information and compliance.
KAMAL KHATA, J. R.D. DHANUKA, J.
