Bombay High Court
Neeta D. Dharamshi And Ors vs State Of Maharashtra And Anr on 15 March, 2023
Author: Sharmila U. Deshmukh
Bench: Revati Mohite Dere, Sharmila U. Deshmukh
3-wpst.972.2023(gr).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.972 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.974 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.975 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.976 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.978 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.980 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.982 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.984 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.987 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.990 OF 2023
Pradip Chopra and Anr. ...Petitioners
Versus
The State of Maharashtra and Anr. ...Respondents
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1349 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1350 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1351 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1352 OF 2023
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WITH
CRIMINAL WRIT PETITION (STAMP) NO.1353 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1408 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1409 OF 2023
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CRIMINAL WRIT PETITION (STAMP) NO.1410 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1414 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1415 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1497 OF 2023
WITH
CRIMINAL WRIT PETITION (STAMP) NO.1727 OF 2023
Neeta D. Dharamshi and Ors. ...Petitioners
Versus
State of Maharashtra and Anr. ...Respondents
Mr. Saurabh Bhutala a/w Ms. Shagufa Patel i/b Mr. Harshad
Bhadbhade for the Petitioners in WPST/972/2023; WPST/974/2023;
WPST/975/2023; WPST/976/2023; WPST/978/2023; WPST/
980/2023; WPST/982/2023; WPST/984/2023; WPST/987/2023 and
WPST/990/2023.
Mr. Satyam R. Dubey, for the Petitioners in WPST/1349/2023; WPST/
1350/2023; WPST/1351/2023; WPST/1352/2023; WPST/1353/2023;
WPST/1408/2023; WPST/1409/2023; WPST/1410/2023;
WPST/1414/2023; WPST/1415/2023; WPST/1497/2023 and WPST/
1727/2023.
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Mr. Radheshyam Rathi, Respondent No.2 (Representing other
complainants), is present.
Ms. P. P. Shinde, A.P.P for the Respondent No.1- State.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 15th MARCH 2023
P.C. :
1. Pursuant to our order dated 3rd March 2023 and earlier orders, the rehab members have inspected their flats in question and have approved the same. Today, the learned counsel for the petitioners has tendered a chart showing that the rehab members have 'okayed' the said flats, albeit some of them have noted certain minor infractions in the said flats. However, the rehab members, who are present in the Court state that the small infractions will be taken care of by them. As directed, the learned counsel for the petitioners has tendered a chart of 16 rehab members. In the said chart, it is stated that possession has already been handed over to three members i.e. Mr. Harinarayan Rathi, Ms. Vidya Panchal and Mr. Radheshyam Rathi, and that the keys with respect to their flats are with them. As N. S. Chitnis 3/6 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 10/06/2023 17:05:51 ::: 3-wpst.972.2023(gr).doc far as other 13 members are concerned, learned counsel for the petitioners, states that as directed by this Court, he has brought the keys of the said 13 flats and that one set of the keys of the said 13 flats will be deposited by the petitioners in the registry of this Court and one set of the keys will be retained by the petitioners, in case of emergency.
2. Mr. Radheshyam Rathi, who is present in Court states that although the keys of his rehab flat are with him, he is not in occupation of the said flat. He further states that the flats of Mr. Harinarayan Rathi and Ms. Vidya Panchal are also not occupied, by the said members and that the keys of the respective flats are with Mr. Harinarayan Rathi and Ms. Vidya Panchal's daughter, respectively.
3. As far as Deed of Rectification, which is to be entered by the petitioners with the rehab members is concerned, learned counsel for the petitioners states that the said exercise will be completed on or before 24th March 2023 with respect to the rehab flats. Statement N. S. Chitnis 4/6 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 10/06/2023 17:05:51 ::: 3-wpst.972.2023(gr).doc accepted.
4. Accordingly, the petitioners to deposit one set of the keys of 13 flats, in the registry of this Court on or before 20th March 2023.
5. As far as transit rent is concerned, learned counsel for the petitioners as well as the rehab members, who are present in Court, state that they will produce the chart of the payment due and payable by the petitioners to the rehab members, till date.
6. At this stage, the rehab members who are present in Court state that they have already given their no objection to MHADA.
7. Accordingly, MHADA to process the Occupation Certificate ('OC') sought for by the petitioners, in accordance with law, expeditiously.
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8. Stand over to 27th March 2023. To be listed at 2:30 p.m.
9. Interim relief granted earlier, to continue till the next date.
10. All concerned to act on the authenticated copy of this order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J. N. S. Chitnis 6/6 ::: Uploaded on - 20/03/2023 ::: Downloaded on - 10/06/2023 17:05:51 :::