Tagore Nagar Sanmitra ... vs The Maharashtra Housing And ...
2022 Latest Caselaw 9995 Bom

                                                                        911-wpl30261-22.doc

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
           Digitally signed by
VASANT     VASANT
ANANDRAO   ANANDRAO IDHOL    WRIT PETITION (LODGING) NO.30261 OF 2022
IDHOL      Date: 2022.09.30
           17:52:19 +0530


              Tagore Nagar Sanmitra Co-op. Hsg. Soc. Ltd.                ...Petitioners
                       V/s.
              The Maharashtra Housing Area And
              Development Authority & Ors.                               ...Respondents


              Mr.Hasmit Trivedi i/b M/s.Praxis Legal for the Petitioners.

              Mr.Akshay Shinde for the Respondent Nos.1 and 2.

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

DATE : 29TH SEPTEMBER, 2022.

P.C. :-

1. The petitioners have impugned the notice dated 17th

December, 2021, demanding payment of development charges

issued by MHADA.

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.

911-wpl30261-22.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 notice

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

occupation certificate in respect of the building proposed to be

constructed without leave from 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 and the

911-wpl30261-22.doc

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.

8. Place this matter for hearing and final disposal after

pronouncement of the judgment in Writ Petition (Lodging) No.18616

of 2022. The parties are at liberty to apply for an early date upon

pronouncement of the judgment in the said writ petition.

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