Bombay High Court
Blue Diamond Construction Company And ... vs Slum Rehabilitation Authority And 6 Ors on 29 November, 2018
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.3434 of 2018
M/s Blue Diamond Cons. Co & anr .. Petitioners
vs
Slum Rehabilitation Authority & ors .. Respondents
______ Mr.Shiraz Rustomjee Sr.counsel with Ms.Shreya Parikh i/b Mr.Vishal Shriyan for Petitioner Mr V.D.Patil for Respondent no.1,2 and 7 Mr.Girish Utangale with Mr.Chetan Mhatre I/b M/s Utangale & Co for Respondent no.4 Mr Shetty I.b Mr,Subir Kumar for Respondent no.6 Coram : G.S.KULKARNI, J Date : 29th NOVEMBER, 2018 P.C On 19.11.2018 on the premise that the SRA had issued a notice on 5.11.2018 calling for a General Body Meeting of the society on 22.11.2018, the Court considered the submissions as made on behalf of the parties and had passed the following order :
i) " The SRA shall conduct the meeting as scheduled.
ii) The votes of the persons who are occupying mezzanine floor and/or who are stated to be ineligible, shall be kept separately.
iii) Any decision taken in the meeting shall not be implemented and./or given any effect till the Court so orders by further orders to be passed in this petition.::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 11:07:38 :::
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iv. None of the parties shall claim any equity on the basis of the
proceedings of the meeting, on any count.
v. All contentions of the parties are expressly kept open.
8. List this petition for admission on 29.11.2018. In the meantime, parties to complete the pleadings."
2. Mr.Rustomjee learned senior counsel for the petitioner and Mr.Patil learned counsel for the SRA have submitted that accordingly a meeting of the society was held on 22.11.2018. The members of the society have voted on all the issues which were part of the agenda namely name of proposed society, Chief Promoter and Developers and the Architect. On all these counts, the members of the society have voted in favour of petitioner no.2 Ayodhya Nagari Shree Ram Mandir Co-operative Housing Society (Proposed), the petitioner no.1 M/s Blue Diamond Construction Company as the developer.
3. An affidavit of Mr.Shripati Ramjit Yadav is also placed on record on behalf of the petitioners by pointing out the outcome of the proceedings of the said meeting. Mr.Patil learned counsel for the SRA has also placed on record a report dated 28.11.2018 of the Assistant Registrar, Co-operative society (Eastern and Western Suburbs) SRA, recording the ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 11:07:38 ::: RNG 3/5 wpl.3434.18fin proceedings of the General body meeting of the society. The report is marked 'X" for identification.
4. Mr.Rustomjee learned senior counsel for the petitioner submitted that now, as the members of the societies have voted in favour of the petitioner no.1 and petitioner no.2, it is clear that the petitioner no.1 would be now entitled to undertake the development of the SRA project. It is submitted that the impugned order passed by SRA under section 13 (2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 therefore cannot hold good. It is submitted that this is without prejudice to the rights and contentions and that even otherwise, the impugned orders deserve to be quashed and set aside on the merits of the matter.
5. Thus the contention of Mr.Rustomjee learned senior counsel for the petitioner is that in view of the changed circumstances and considering the will and mandate of the slum dwellers, as seen from the voting pattern, as recorded by the Assistant Registrar Co-operative Societies, SRA, the proposal of the petitioners qua the project needs to be revived and the petitioners ought to be permitted to proceed with the SRA ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 11:07:38 ::: RNG 4/5 wpl.3434.18fin project.
6. Mr.Patil learned counsel appearing for the SRA while not disputing the will and mandate of the slum dwellers states that he would take instructions on this issue, the facts being quite peculiar. He therefore, seeks time to take instructions in this regard.
7. Accordingly, hearing of this petition is adjourned to 6.12.2018.
8. However, considering the changed circumstances, it would be in the interest of justice that the SRA is directed not to act upon the impugned decision as taken against the petitioners under section 13 (2) of the Act.
9. Needless to observe that all contentions of the parties on the merits of the matter are expressly kept open.
10. The Court on the adjourned date of hearing would also consider passing further orders in terms of sub-clause 7 (iii) of the order ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 11:07:38 ::: RNG 5/5 wpl.3434.18fin dated 19.11.2018.
Stand over to 6.12.2018.
All concerned to act on an authenticated copy of the order.
(G.S.KULKARNI, J) ::: Uploaded on - 01/12/2018 ::: Downloaded on - 30/12/2018 11:07:38 :::