Bombay High Court
Lok Housing And Constructions Ltd And ... vs The Apex Grievance Committee Sra And 7 ... on 17 January, 2019
Author: Naresh H. Patil
Bench: Naresh H. Patil, N.M. Jamdar
1/3 906wpl 138.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (l) NO.138 OF 2019
Lok Housing & Construction Ltd. & anr. ... Petitioners
V/s.
The Apex Grievance Committee
Slum Rehabilitation Authority &
ors. ... Respondents
Mr.P.K.Dhakephalkar, Sr. advocate a/w. Mr.Chirag Balsara, Bhushan
Deshmukh, Aziz Khan, Rajpal Solanki & Amish Ramchandani i/b.
Divya Shah Associates for the petitioners.
Mr. G.W. Mattos for respondent no.1.
Mr. Jagdish Reddy a/w. Mr.Arvind Aswani for respondent no.2.
Mr. Mayur Khandeparkar a/w. Ms.Manjiri Parasnis for respondent
no.3.
Mr.V.S.Kapse for respondent no.4.
Mr. Sukanta Karmakar, AGP for the State.
CORAM :NARESH H. PATIL, C.J.
& N.M. JAMDAR, J.
17th January, 2019.
P.C. Heard learned Counsel appearing for the parties.
::: Uploaded on - 18/01/2019 ::: Downloaded on - 19/01/2019 01:19:52 :::2/3 906wpl 138.19.doc
2. The Petition is directed against the order passed by the Apex Grievance Redressal Committee in Application (l) No.215 of 2018.
3. The learned Senior Counsel Mr.Dhakephalkar appearing for the petitioners submits that the Apex Grievance Redressal Committee was prima-facie satisfied to grant ad-interim relief, at the same time the Committee has allowed the General Body of the slum dwellers for convening a General Body meeting in the presence of Assistant Registrar, Co-operative Society/SRA for appointing a new Developer of their choice as per law. The learned Counsel submits that in case the slum dwellers appoint a new Developer, it may prejudice the proceedings which are pending before the Committee as there is likelihood that the new Developer, if appointed will interfere in the proceedings which are going on before the Committee. Mr.Khandeparkar, the learned Counsel appearing for respondents submits that considering the facts of the matter, the Redressal Committee had to adopt such method for resolving the dispute.
4. Both parties refer to various contentious issues which are subject matter of the proceedings pending before the Committee. We need not to go into these issues as matter is subjudice before the Committee.
::: Uploaded on - 18/01/2019 ::: Downloaded on - 19/01/2019 01:19:52 :::3/3 906wpl 138.19.doc
5. We dispose of the petition by observing that in case the Committee of slum dwellers convene a General Body meeting, the decision taken by the Committee would not be given effect to till the final outcome of the Application No.215/18 filed by the petitioners herein pending consideration of the Apex Grievance Redressal Committee. This direction will continue for a period of ten days from the date of uploading of the order by the Committee if the order is adverse to the petitioner.
6. It is informed that the application is listed before the Committee. It is expected that the Committee would complete the hearing on that day. The parties undertake to co-operate with the Committee.
7. All issues on merits are kept open.
N.M.JAMDAR, J CHIEF JUSTICE
L.S. Panjwani, P.S.
::: Uploaded on - 18/01/2019 ::: Downloaded on - 19/01/2019 01:19:52 :::