Drushti Realtors Pvt. Ltd vs State Of Maharashtra And 2 Others
2022 Latest Caselaw 9357 Bom

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION


                                            WRIT PETITION (L)NO.25455 OF 2022


                    Drushti Realtors Pvt. Ltd.                    .. Petitioner
                             v/s.
                    State of Maharashtra & Ors.                   .. Respondents



                    Mr. Hamid Mir & Ms. Asha Nair i/b. M/s. MZ and Associates for the
                    petitioner.
                    Mr. Amit Shastri, AGP, for the State-respondent no.1.


                                                             CORAM : R.D. DHANUKA &
                                                                      KAMAL KHATA, JJ.

DATED : 16TH SEPTEMBER, 2022.

P.C. :

1. Learned counsel for the petitioner states that MHADA has been

served with the copy of the papers and proceedings. Statement is

accepted.

2. None appears for the MHADA when the matter was called out.

The petitioners have impugned the notice dated 10 th December,

2021.

3. Our attention is invited to order dated 16th June, 2022 passed by Digitally

signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.09.19 12:36:31

907.wpl-25455-22.doc +0530 wadhwa this Court in Writ Petition (L) No.18616 of 2022 in case of

Kamala Hub Juhu Office Premises Co-operative Society Ltd. v/s.

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

907.wpl-25455-22.doc wadhwa 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 MHADA without prejudice to the rights and contentions of

MHAD 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. This matter was already heard along with Writ Petition (L)

no.18616 of 2022 which is closed for orders and for

pronouncement of judgment.

10. Ad-interim relief granted by this Court today, to continue

till the said judgment is pronounced by this Court.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.)

907.wpl-25455-22.doc wadhwa