Ahmad Dawood Surve And 14 Ors vs The Maharashtra Housing And Area ...
2023 Latest Caselaw 6923 Bom

2023:BHC-OS:6462-DB                    905-906-OSWPL-8288-2022 WITH ASWP-9845-2022.DOC



         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH  LOKHANDE
LOKHANDE Date:                                                                                   Ganesh
         2023.07.13
         11:26:16
         +0530


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION (L) NO. 8288 OF 2022
                                                        WITH
                                          WRIT PETITION NO. 9845 OF 2022
                                        (CIVIL APPELLATE JURISDICTION)


                       Ahmad Dawood Surve & Ors                                     ...Petitioners
                            Versus
                       The State of Maharashtra & Ors                             ...Respondents


                       Mr Anil Anturkar, Senior Advocate, with Mr Amol Gatne, for the
                            Petitioners in both Writ Petitions.
                       Mr Gaurav Jathar, with Ashutosh M Kulkarni, for Respondent No. 1-
                            MHADA in WPL/8288/2022.
                       Dr Milind Sathe, Senior Advocate, with Dhruti Kapadia, for
                            Respondent-SRA in both Writ Petitions.
                       Mr Abhijit Patil, i/b Vijay D Patil, for Respondent No. 2-AGRC in
                            WP/9845/2022.
                       Mr Shashikant G Surana, with Madhur S Surana, for Respondent
                            No. 4 in both Writ Petitions.
                       Mr Girish Utangale, with Saurabh Utangle, i/b Utangle & Co for
                            Respondent No.6-MHADA in WP/9845/2022.
                       Mr Milind More, Addl. GP, for the Respondent-State in
                            WPL/8288/2022.
                       Mr NC Walimbe, AGP, for the Respondent-State in WP/9845/2022.
                       Dr Abhinav Chandrachud, with Ashish Suryavanshi, i/b Manoj
                            Pandey, for Respondent No. 5 in WP/8288/2022.
                       Ms Ravleen Sabharwal, i/b Kunal Haresh Punjabi, for Respondent
                            No. 2-SRA in WP/8288/2022.




                                                      Page 1 of 4
                                                     12th July 2023


                      ::: Uploaded on - 13/07/2023                    ::: Downloaded on - 13/07/2023 13:07:25 :::
                  905-906-OSWPL-8288-2022 WITH ASWP-9845-2022.DOC




                               CORAM    G.S. Patel &
                                        Neela Gokhale, JJ.

DATED: 12th July 2023 PC:-

1. We have heard the matter fully this morning when it was placed by consent. Arguments concluded just before the lunch recess and we asked Mr Anturkar, learned Senior Advocate, to take instructions.

2. He has been able to take instructions and the following order is by consent of the Petitioners. All sides agree that no reasons are required.

3. We note the submissions by Dr Sathe for the Slum Rehabilitation Authority ("SRA"), and this is important to allay a preliminary anxiety expressed by the Petitioners through Mr Anturkar, namely that they are not being treated as 'trespassers' or 'unauthorised occupants'.

4. The Petitioners all agree that they will accept in situ alternative premises in the redeveloped building being constructed and completed by Mr Surana's client. The redeveloped premises are commercial premises and Mr Surana clarifies that the fresh allotment will be on the ground and first floor with the Petitioners being treated on parity with all other commercial occupants. There will be no discrimination against the Petitioners in that regard.

12th July 2023

905-906-OSWPL-8288-2022 WITH ASWP-9845-2022.DOC

5. The exact allotment is not known but will be as per a lottery to be conducted by the SRA.

6. We are told that of the 15 Petitioners, the premises of 12 have already been demolished. The removal of the other three is planned and is in progress. This statement is noted.

7. The consequence is twofold. First, that all Petitioners will be entitled to a Permanent Alternate Accommodation Agreement ("PAAA") with the Developer on exactly the same terms and on parity with all others entitled to re-accommodation in the redeveloped building.

8. Second, all Petitioners will be entitled to receive regular transit rent per square foot at the same rate and on the same terms as other persons entitled to re-accommodation, from the respective dates of vacating the site.

9. Mr Sathe also clarifies that the reallotted premises in the redeveloped building in favour of the Petitioners will be free of cost on ownership basis without the 20% additional area but also without any lock-in period as contemplated under Development Control Regulation 33(10) and will be freely transferable on a full ownership basis.

10. Mr Gatne clarifies that four of the Petitioners are present and these statements are made on their specific instructions and that

12th July 2023

905-906-OSWPL-8288-2022 WITH ASWP-9845-2022.DOC

these Petitioners have obtained consent and instructions from the remaining Petitioners as well.

11. No further orders are required in the Petitions. We have not been asked to render judgment on any of the points of law that have been canvassed before us and these contentions are obviously kept open for an appropriate matter.

 (Neela Gokhale, J)                                       (G. S. Patel, J)





                               12th July 2023