Bombay High Court
Sandesh Dayanand Mohite vs State Of Maharshtra on 2 August, 2023
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2023:BHC-OS:7807-DB
904.WPL19346_2023.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 19346 OF 2023
Sandesh Dayanand Mohite & Ors. ... Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
Ms. Medha Jondhale a/w. Mr. Anand Jondhale, Ms. Rajnandini Jondhale,
Mr. Upendra Pandey, Mr. Harshvardhan Shinde for the petitioners.
Mr. P.G. Lad a/w. Ms. Sayli Apte, Ms. Shreya Shah for MHADA.
Mr. Sunil Bhadange, Ex. Engineer, MHADA, BDD , Naigaon.
_______________________
CORAM: G. S. KULKARNI &
JITENDRA JAIN, JJ.
DATED: 2 August, 2023
_______________________
P.C.
1. This petition under Article 226 of the Constitution of India has been filed praying for the following reliefs:
"a) Issue a writ, order or direction in the nature of mandamus to restrict the respondents to take action against the members/residents of Building No. 12B, 13B, 14B, 15B, 16B, forcing them to vacate the rooms during monsoon;
b) That pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to pass appropriate orders, directions restraining the respondents, their office bearers, officers, servants or any other person or persons acting for and on behalf of them regarding taking any coercive steps, actions, measures against the petitioner and the residents of the Building no. 12B, 13B, 14B, 15B, 16B respectively."
2. The petitioners are three in number, they state that they are representing the occupants of Building nos. 12B, 13B, 14B, 15B and 16B. We do not find that there is any registered association of persons, which is pursuing the present Page 1 of 4 2 August, 2023 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 04/08/2023 03:12:35 :::
904.WPL19346_2023.DOC petition. Merely on the averments as made in paragraph 1, we cannot accept that this petition is filed in a representative capacity. It would be thus required to be considered that the petition is filed on behalf of three petitioners.
3. The petitioners are occupying the tenements in premises which are described as "BDD chawls" situated at Naigaon in Mumbai, which are being redeveloped by the respondent-MHADA. It is stated that the redevelopment of BDD chawls is being executed at three sites, namely, Worli, Naigaon and N.M. Joshi Marg involving about 195 chawls. Insofar as the petitioners are concerned, their premises are part of redevelopment of 42 chawls at Naigaon, which are situated on a building of land admeasuring 6.45 hectares. The petitioners state that they are concerned with Building nos. 12B, 13B, 14B and 15B.
4. MHADA had already awarded a contract for redevelopment of the said chawls at Naigaon at the cost of 2902.39 crores. The project period is of 7 years, which is stated to have commenced from 21 July, 2017 which is stated to end on 20 April, 2024. As stated by Mr. Lad, learned counsel for MHADA, the total residential tenements to be constructed as Permanent Alternate Accommodation for the existing occupants of the said chawls are 3289 and non-residential tenements to be constructed are 55 in number. Accordingly, the contractor is to undertake construction of 3344 premises. Such Page 2 of 4 2 August, 2023 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 04/08/2023 03:12:35 :::
904.WPL19346_2023.DOC redevelopment at Naigaon would be construction of 20 buildings with 3 basements plus stilt plus 19/23 upper floors.
5. The eligible occupants of the existing BDD chawls would be provided with an alternate accommodation of a tenement admeasuring 500 sq.ft carpet area in lieu of their 160 sq.ft. as occupied presently. As also it is stated that for 12 years, there will be no maintenance charges.
6. As informed to us by Mr. Lad, the benefits which are being extended to the occupants of these chawls are enormous. These benefits appear to be extended at the cost of public exchequer. It is unconscionable that although the petitioners are offered permanent alternate accommodation free of cost where the ongoing market rate is about almost above Rs.70,000/- per sq.ft., plus 12 years maintenance free occupation, the petitioners still have a grievance. When we asked Mr. Lad as to how at the cost of public exchequer such a bonanza can be offered, he would submit that he has reservation to comment on it.
7. Be that as it may, we are of the opinion that in respect of chawls in question as informed by Mr. Lad, about 828 occupants have already been shifted and about 1000 occupants are yet to be shifted. The primary anxiety of the petitioners appear to be that MHADA is not coming forward to execute Permanent Alternate Accommodation Agreement (PAAA). Mr. Lad Page 3 of 4 2 August, 2023 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 04/08/2023 03:12:35 :::
904.WPL19346_2023.DOC responding to such contention as advanced on behalf of the petitioners would submit that MHADA is prepared to enter into PAAA immediately.
8. In this view of the matter, we are of the opinion that on the MHADA executing the PAAA with the petitioners, within a period of 15 days from such agreements being entered, the petitioners shall vacate the premises and handover the same to MHADA so that redevelopment can progress further.
9. The petitioners shall approach the officer of MHADA for execution of PAAA within a period of one week from today. Mr. Lad makes a statement that the concerned officer of the MHADA shall be available on the site so that the petitioners and all other occupants who intend to execute the PAAA are benefitted for the PAAA to be executed in respect of each of the tenements.
10. Ordered accordingly.
11. Although there are other issues raised by the petitioners, we are not inclined to examine the larger issues and the same can be considered in appropriate proceedings.
12. In view of the above observations, further adjudication of the petition is not called for. It is, accordingly, disposed of in the aforesaid terms. No costs.
(JITENDRA JAIN, J.) (G. S. KULKARNI , J.) Page 4 of 4 2 August, 2023 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 04/08/2023 03:12:35 :::