Bombay High Court
New Pragati Welfare Society Through ... vs State Of Maharashtrea Thourgh ... on 16 September, 2021
Bench: K.K. Tated, Prithviraj K. Chavan
1-WP-1289-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1289 OF 2021
New Pragati Welfare Society through ]
Vice Chairman and authorized Signatory ]
Sunil Parsekar ] Petitioner
Vs.
State of Maharashtra through Government]
Pleader and others. ] Respondents
.....
Mr. Rajesh Khobragade a/w Mr. Dharmesh Panchal a/w Mr. Sunil
Yadav, for Petitioner.
Mr. Milind More, A.G.P, for Respondent-State.
Mr. Vijaysinh Thorat, Senior Advocate i/b Shobhit Shukla, for
Respondent No.3.
......
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 16 th SEPTEMBER, 2021.
P.C.
1. Heard learned Counsel for the parties.
2. By this petition under Article 226 of the Constitution of
India, the petitioners are seeking direction against respondent
No.2 to take necessary action against respondent No.3-Developer
upon failure to comply the terms and conditions of the permission
granted to them to develop the property known as "Siddhi Chawl
1 of 8
Digitally signed by
SHAILAJA SHAILAJA SHRIKANT
SHRIKANT HALKUDE
Date: 2021.09.17 13:44:12
HALKUDE +0530
1-WP-1289-2021.doc
No.6" situate at Bhawani Shankar Road, Dadar (West), Mumbai -
400 028.
3. Main grievance of the petitioners is that though respondent
No.3-Developer agreed to pay monthly compensation to the
tenants, they failed and neglected to pay the same.
4. Learned Counsel appearing on behalf of the petitioners
submits that though they stated in the petition that more than a
sum of Rs.4,00,000,00/- (Rs. Four Crores only) is due and payable
in respect of 50 residential tenements and 3 non residential
tenements of the said project, actually as per their contention more
than a sum of Rs.6,00,000,00/- (Rs. Six Crores only) is due and
payable. He submits that it is very difficult for the members of the
petitioners to survive without monthly compensation. Hence, in
the interest of justice, this Hon'ble Court be pleased to direct
respondent No.3 to pay monthly compensation and clear the
arrears of monthly compensation immediately, failing which, let
appropriate action be taken by MHADA against respondent No.3.
5. Mr. Thorat, learned Senior Counsel appearing on behalf of
respondent No.3 submits that because of financial crunches, it
remained on their part to clear the arrears of monthly rental
compensation. He further submits that now respondent No.3
decided to submit a fresh proposal as per 33 (9) of DCPR 2034 so
that all the tenants can get additional area approximately 150
square feet (carpet area). He submits that to that effect respondent
No.3 made a statement in paragraph 27 of their affidavit in reply
2 of 8
1-WP-1289-2021.doc
dated 5th August, 2021 which reads thus;
"27. I say that as per the new proposal of
Government of Maharashtra that if the Respondent
put up the proposal under 33 (9) of DCR then, the
tenants shall get a total Permanent Alternative
Accommodation to the extent of Approximate 450
Sq.ft. Carpet Area. I say that as per the present
development regulation under which the Respondent
are developing, the tenants are only getting an area of
310 Sq. ft (Carpet Area). I say that this Respondent is
proposing to make a fresh proposal under 33 (9) of
DCR wherein the tenants shall get total area
Approximate of 450 Sq. ft. (Carpet Area) as
Permanent Alternative Accommodation i.e
Approximate 150 Sq. ft (Carpet Area) more than the
present scheme under which the Respondent is re-
developing the property in question".
6. Mr. Thorat, learned Senior Counsel appearing on behalf of
respondent No.3 submits that as directed by this Court by earlier
order, they undertake to pay to the petitioners monthly rental
compensation on or before 10th day of each month. He submits
that for the month of September, 2021, they already issued the
cheques. He further submits that if any cheque is dishonoured for
any reason whatsoever may be and if they get intimation from the
said tenant, they will clear the said amount immediately i.e within
10 days. He further submits that for further monthly compensation
they will pay the same to the tenants by Real-Time Gross
3 of 8
1-WP-1289-2021.doc
Settlement (RTGS) and/or National Electronic Funds Transfer
(NEFT). He submits that for that purpose, they will require full
details from each member of the petitioner i.e their full name,
bank account number, description of the Bank, branch, IFSC
number etc. He further submits that respondent No.3 undertakes
to file a proposal under 33 (9) of DCPR 2034 within four months
to the High Power Committee. To that effect, respondent No.3
made a statement in their additional affidavit in reply dated 14 th
September, 2021. He further submits that even respondent No.3
made a statement that they will clear all pending arrears payable
to the petitioners within particular time. In support of this
contention, Mr. Thorat, learned Senior Counsel appearing on
behalf of respondent No.3 relies upon paragraph 7 of their
affidavit in reply dated 14th September, 2021 which reads thus;
"7) I say that looking to facts and circumstances and as
directed by the Hon'ble High Court on 11/08/2021
Respondent no.3 has prepared a Payment Plan for the
Pending Arrears of the Affected Tenants is as under;
I. Respondent no.3 will submit the proposal under
33 (9) (CDS) of DCPR 2034 in 4 months to High
Power Committee (HPC) after designing of Subject
Property as per 33 (9) (CDS) of DCPR 2034 will be
completed.
II. Respondent no.3 will immediately submit the
Proposal to Mumbai Municipal Corporation of Greater
4 of 8
1-WP-1289-2021.doc
Mumbai for further approval of Plans, IOD, CC once
High Power Committee (HPC) will grant Approval for
said Proposal under 33 (9) of DCPR, 2034.
III. Respondent no.3 will start the Construction
work of said project in 30 days after all the approval
is granted by the concerned authorities.
IV. Respondent no.3 will complete the said project
in 36-42 months from the date of start of Work.
V. Respondent no.3 agreed to clear all the pending
arrears of Rs.4,23,13,050 (Four Crores twenty three
lakhs thirteen thousand and fifty rupees) after three
months from starting of work of the said project in
seven equal installments (Every Six Months) till
completion of work (36-42 Months) to all the Original
Tenants as per records.
VI. Respondent no.3 will continue to pay the
Current monthly Rent as directed by the Hon'ble High
Court Bombay on 11/08/2021 and as undertaken by
The respondent no.3 in Affidavit in Reply filed by the
Respondent no.3 in the above Petition".
7. Mr. Thorat, learned Senior Counsel appearing on behalf of
respondent No.3 submits that respondent No.3 is ready and wiling
to construct a building to accommodate the members of the
petitioners on temporary basis till the project is completed with
5 of 8
1-WP-1289-2021.doc
permission of MHADA and other Competent Authority. He submits
that for that purpose, they require consent from each and every
member of the petitioners. He submits that in view of these facts,
the Authority may be directed that if they get such proposal, they
must clear the same immediately.
8. Considering the submission made by Mr. Thorat, learned
Senior Counsel appearing on behalf of respondent No.3 and
grievance of the petitioner that respondent No.3 failed to pay their
monthly compensation, we are of the opinion that on the basis of a
statement made by Mr. Thorat, learned Senior Counsel appearing
on behalf of respondent No.3 and affidavits filed by them, petition
can be disposed of by consent of the petitioners and respondent
No.3. with liberty to the petitioners to move this Court in case of
any difficulty about the payment of monthly compensation.
Learned Counsel appearing on behalf of the petitioners submits
that representative of the petitioners is present in the Court and he
has given consent. Hence, the following order;
:ORDER:
(a) The petitioners are directed to provide respondent No.3 within two weeks from today bank details of each and every member of the petitioners for transferring their monthly compensation through RTGS and/or NEFT;
(b) Respondent No.3 is directed to pay monthly compensation/rent to the petitioners' members through RTGS and/or NEFT on or before 10 th day 6 of 8 1-WP-1289-2021.doc of each month after getting bank details of the petitioners' members;
(c) If there is any default on the part of respondent No.3 in payment of monthly compensation/rent, liberty is granted to the petitioners to move this Court by filing appropriate proceedings for their grievance;
(d) Respondent No.3 is directed to clear the petitioners' arrears of rental compensation as stated in paragraph 7 of the affidavit in reply dated 14th September, 2021, without any default.
(e) If the proposal is submitted by respondent No.3 under 33 (9) of DCPR, 2034 concerned Authority is directed to clear the same on it's own merits as early as possible in the interest of justice;
(f) Once the proposal is sanctioned and all the permissions are received from the competent Authority including Corporation, respondent No.3 to start the work of construction of the project immediately with intimation to the petitioners in writing;
(g) Respondent No.3 is permitted to submit his proposal to the petitioners for providing temporary 7 of 8 1-WP-1289-2021.doc alternate accommodation to the petitioners' members. If said proposal is submitted, the petitioners to consider the same and inform the decision thereof to Respondent No.3 within two weeks from the date of receipt of the said proposal;
(h) All contentions of the parties are kept open;
(i) With these directions, by consent writ petition stands disposed of;
(j) No order as to costs.
[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.] 8 of 8