Bombay High Court
Dev Engineers vs The State Of Maharashtra And 2 Ors on 27 February, 2024
Author: G.S. Patel
Bench: G.S. Patel
2024:BHC-OS:3178-DB 907-OSIWP-486-2024.DOC
Wadhwa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 486 OF 2024
IN
WRIT PETITION NO. 782 OF 2023
Dev Engineers ...Applicant
In the matter between
Dev Engineers ...Petitioner
Versus
The State of Maharashtra & Ors ...Respondents
Mr Mukesh Vashi, Senior Advocate, with Amrendra Mishra, for the
Applicant/Petitioner.
Mr Hemant Haryan, AGP, for the Respondent-State.
Mr Umesh Mankapure, with Ms Bhavika Shinde, for Respondent No
2-SRA.
Mr Anoop Patil, with Kunal Waghmare, i/b Sunil Sonawane, for the
MCGM.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 27th February 2024
PC:-
1. On 12th October 2023, we issued Rule and granted ad-interim relief in terms of prayer clause (d) of the Petition. The result of that was that the revised Letter of Intent ("LoI") of 9th June 2022 was stayed. This necessarily meant and continues to mean that the Digitally signed by SANDHYA SANDHYA BHAGU WADHWA BHAGU Date:
WADHWA 2024.02.28 11:25:49 +0530 Page 1 of 2 27th February 2024 ::: Uploaded on - 28/02/2024 ::: Downloaded on - 28/02/2024 12:08:33 ::: 907-OSIWP-486-2024.DOC original letters or LoI that were issued and pursuant to which the entire project has been completed are still in force and hold the field. As we noted in paragraphs 3 and 4 of our order of 12th October 2023, the rethink at this late stage, well after certification of the project as complete, is only because of some accounting query or audit objection. That is surely not a matter that can be allowed to affect the completion of the project or the interests of several dozens or even hundreds persons who have been put in possession.
2. This clarification is sufficient. This also requires that prayer clause (a) of the Interim Application be allowed which is for release of the balance TDR in favour of the Petitioner in accordance with the LoI dated 10th April 2018 to the extent of 5555.16 sq mts.
3. It goes without saying that if the Petition fails, the rupee value of the Transferable Development Rights ("TDR") at that time will have to be reimbursed by the Petitioner to the Municipal Corporation of Greater Mumbai. This is sufficient protection.
4. The Interim Application is disposed of in these terms.
5. List the Petition as per CIS.
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