Bombay High Court
Ashapura Ramdev Buildcon Llp vs State Of Maharashtra on 2 January, 2023
Author: S.G. Dige
Bench: G.S. Patel, S. G. Dige
50-OSWPL-36833-2022.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 36833 OF 2022
Ashapuru Ramdev Buildcon LLP ...Petitioner
Versus
State of Maharashtra ...Respondent
Dr Abhinav Chandrachud, with Vaibhav Charalwar, Stanosh Pathak
& Nimish Lotlikar, for the Petitioner.
Mr Vijay D Patil, for Respondent No. 2.
Mr Jagdish G Aradwad (Reddy), for Respondents Nos. 3, 4 & 5-
SRA.
Mr Yash Jain, i/b Shashak Borade, for Respondent No. 6.
Mr LT Satelkar, AGP, for the Respondent-State.
SHEPHALI
SANJAY CORAM G.S. Patel &
MORMARE
Digitally signed by
SHEPHALI
S.G. Dige, JJ.
SANJAY MORMARE Date: 2023.01.03 DATED: 2nd January 2023 09:41:08 +0530 PC:-
1. Petitioner No. 3 is the owner of Final Plot No 387 at TPS-III, Village Shimpoli, Taluka Borivali, Mumbai. On this, and on FP Nos 386 and 389, is proposed the Shivaji Nagar Rahiwasi SRA CHS.
The slum society is Respondent No. 6.
2. Petitioner No. 1 is a joint venture partner with the owner, Petitioner No. 3.
Page 1 of 32nd January 2023 50-OSWPL-36833-2022.DOC
3. The short but, to our mind, important question of law is whether the owner of a property under a slum redevelopment scheme has a pre-emptive right to be appointed as a developer. Dr Chandrachud points out that an owner's right to property includes the right to enjoy the fruits of that property. If the property is lawfully acquired for fair compensation in accordance with law, then of course the property would vest in the acquiring body. But an owner's property right cannot be extinguished merely by the formulation of Slum Rehabilitation Scheme. It is inconceivable, he submits, that a third party developer could get all the benefits of slum redevelopment completely excluding the owner. Whether the appointment of a developer is by the SRA or by the society is immaterial so long as the owner has not indicated his unwillingness to be a developer. Whether this is a pre-emptive right or merely a preferential right will also need to be considered. An additional factor is how the private land ownership rights are to be protected when a slum rehabilitation scheme straddles multiple plots, some of which are privately held.
4. We allow the society and SRA sufficient time to put in Affidavits in Reply. We do not believe that a matter like this mere delay or laches will be significant factor. We make it clear that even if the 6th Respondent society passes any resolution, that will not be acted on by the society or the SRA without specific leave of this Court obtained after at least four working days' notice to the Advocates for the Petitioners. The SRA will not issue an LoI to any developer without such leave. This order will continue until final disposal of the Petition -- and to ensure that the order does not Page 2 of 3 2nd January 2023 50-OSWPL-36833-2022.DOC continue indefinitely, we proceed below to list the matter for final disposal a few weeks hence.
5. Affidavits in Reply are to be filed and served 20th January 2023 and Affidavits in Rejoinder permitted by 3rd February 2023.
6. List the matter on 13th February 2023 at 2:30 pm for final disposal at the stage of admission.
(S. G. Dige, J) (G. S. Patel, J)
Page 3 of 3
2nd January 2023