Excel Enterprises Realty Llp vs The Maharashtra Housing Area And ...
2022 Latest Caselaw 9945 Bom

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


                                         WRIT PETITION (L) NO.29584 OF 2022


                 M/s. Excel Enterprises Reality LLP                       .. Petitioners
                          v/s.
                 The Maharashtra Housing Area
                 And Development Authority and Ors.                       .. Respondents



                 Ms. Tulsi Shah a/w Ms. Ayesha Khatri i/b. Akash P. Shah for the
                 petitioners.
                 Ms. Shreya Shah i/b. Akshay Shinde for the respondent nos.1 & 2-
                 MHADA.


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

DATED : 28TH SEPTEMBER, 2022.

P.C. :

1. The petitioners have impugned notice dated 12 th September,

2022 issued by respondent no.2.

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

Digitally Maharashtra Housing and Area Development Authority & Ors. signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.09.29

13:09:04 +0530

911.wpl.29584.22.doc wadhwa 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.

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 if any application for sanction/approval

including further commencement certificate is made in respect of

911.wpl.29584.22.doc wadhwa 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.

7. Place this matter on board after pronouncement of the judgment

in Writ Petition (L) 18616 of 2022 for hearing and final

disposal.

8. Parties are at liberty to apply for early date after pronouncement

of the judgment in Writ Petition (L) no.18616 of 2022.

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

911.wpl.29584.22.doc wadhwa