Bombay High Court
Skyscraper Realty Private Limited vs The Slum Rehabilitation Authority And 3 ... on 12 October, 2023
Author: G.S. Patel
Bench: G.S. Patel
2023:BHC-OS:11831-DB 909.OSWP-5116-2022+.DOC
Wadhwa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 5116 OF 2022
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 28413 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Nimmi Kaifi Rizvi & Ors ...Petitioners
Versus
Priya Construction Co ...Respondents
WITH
INTERIM APPLICATION (L) NO. 7405 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Moon Light Co-operative Housing Society
(Proposed) ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 9570 OF 2023
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909.OSWP-5116-2022+.DOC
IN
WRIT PETITION NO. 5116 OF 2022
Jiteshwar Co-operative Housing Society
(Proposed) ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 24147 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Juhu Versova Ekta Co-operative Housing Society
Ltd ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 18173 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Assets Care & Reconstruction Enterprises Ltd ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
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909.OSWP-5116-2022+.DOC
INTERIM APPLICATION (L) NO. 18186 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
The Resolution Professional for Rajesh Landmark
Projects Pvt Ltd ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 7406 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Shree Siddhivinayak CHS (Prop.) ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 7837 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Skyscraper Realty Pvt Ltd (formerly known as
One Up Developers Pvt Ltd) ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
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909.OSWP-5116-2022+.DOC
WITH
INTERIM APPLICATION (L) NO. 471 OF 2023
IN
WRIT PETITION NO. 5116 OF 2022
Priya Construction Co ...Applicant
In the matter between
Priya Construction Co ...Petitioner
Versus
The Slum Rehabilitation Authority & Ors ...Respondents
Mr Zal Andhyarujina, Senior Advocate, with Shruti Sardesai &
Shruti Shirke, i/b TRD Associates, for the Applicant in
IAL/9570/2023.
Mr Simil Purohit, with Amar Parab, i/b Kalpesh Joshi Associates, for
the Applicant in IAL/7406/2023.
Mr Ashish Kamat, Senior Advocate, with Santosh Pathak, Akansha
Saxena, Chirag Thakkar, i/b Law Origin, for the Petitioner in
WP/5116/2023 and for the Applicant in IAL/471/2023.
Mr Nimay Dave, with Sugyata Choudhary, i/b Dhaval Vussonji &
Associates, for the Applicant in IAL/18173/2023.
Mr Mohit Advani, with Tejas Shah, for the Applicant in
IAL/18186/2023.
Mr Rohaan Cama, with Tahir Prande, i/b Juris Consillis, for the
Applicant in IAL-7405-2023.
Mr Shreepad Murthy, with Abhishek Patil & Sahil Wagh, i/b
Kanhaiya Yadav, for the Applicant in IAL/24147/2023.
Mr Mayur Khandeparkar, with Nitesh Ranavat, Disha Shetty &
Rahul D, i/b Wadia Ghandy & Co, for the Applicant in
IAL/7837/2023.
Mr Jagdish Aradwad (Reddy), for Respondents Nos.1 and 2-SRA in
Writ Petition and in all connected IAs.
Mr SB Gore, AGP, for the Respondent-State of Maharashtra.
Mr Malcolm Siganporia, with Sandeep Dhangar, i/b Jayesh R Vyas,
for Respondent No.4 in WP/5116/2022.
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909.OSWP-5116-2022+.DOC
Mr Sanjay Jain, i/b Disha Jain, for the Applicant in
IAL/28413/2023.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 12th October 2023 PC:-
1. In our order dated 6th October 2023, after having briefly encapsulated the rival contentions, we required in paragraphs 8 and 9 that written instructions be obtained from Priya Constructions, represented that day by Mr Mehta, and today by Mr Kamat on the question of whether Priya Constructions was agreeable to the question of the alleged termination of its appointment as a developer and all issues under Section 13(2) of the Slum Areas (Improvement , Clearance and Redevelopment) Act, 1972 being decided by this Court, or, alternatively, would prefer to press its application before the authorities under the statute. We did this because we wanted to avoid any later controversy. Most especially, we needed to ensure that the Advocates on record for Priya Constructions had complete written instructions and should not later face any controversy as to the completeness of those instructions.
2. Mr Kamat today tells us that there is an email to the attorneys from Priya Constructions to the effect that it would prefer to press its applications under Section 13(2) before the authority. This is noted.
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909.OSWP-5116-2022+.DOC
3. This necessarily has several consequences. It means that all rival applications, including by the three unregistered Societies, Mr Murthy's registered Society, the Resolution Professional of Rajesh Landmark Projects Pvt Ltd, Assets Care and Reconstruction Enterprises Ltd represented by Mr Dave and Skyscraper Realty Pvt Ltd represented by Mr Khandeparkar will also need to be made before that authority. We have no manner of doubt that there will be claims, cross claims, counter claims and rival submissions as to priority (whose application should be heard first) and issues of maintainability. Fortunately for us, it now falls to the authority to engage meaningfully with all these applications. If there are any pending applications, the authority must permit an amendment of those applications of the filing of further Affidavits. It is for the authority to issue the necessary directions as to completion of filings, scheduling of hearings etc.
4. Mr Kamat makes a submission that all questions of maintainability ought to be decided first. We are issuing no directions in that regard. We leave it entirely to the discretion of the authority whether to decide questions of maintainability first or together with other issues that may arise.
5. The result of this, inevitably, is that not only are these Petitions and applications now all infructuous, but all previous interim orders including specially against the SRA from proceeding under Section 13(2) stand vacated. If any party or entity seeks any interim relief to restrain the SRA from proceeding with the appointment of another developer, it must make that application Page 6 of 7 12th October 2023 ::: Uploaded on - 13/10/2023 ::: Downloaded on - 14/10/2023 02:35:18 :::
909.OSWP-5116-2022+.DOC before the authority concerned. The Writ Petition and all applications are disposed of in these terms.
6. We clarify that there is no order that has yet been passed under Section 13(2).
7. While deciding these applications the Authority will have due regard to all orders passed by this Court. We clarify that we have in all previous orders returned no final findings determining rights at all, but have at best only attempted to identify the rival contentions.
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