Disposed

FPA-10/BOM/2014 of Reshma S. Waghmare v/s The Competent Authority, Mumbai

ATFP9 Jan 2018FPA-10/BOM/2014

Case brief

AI extract

What is this about?

The tribunal fixed the market rent for seized properties (flat and shop) at Rs. 20,000/month and Rs. 10,000/month respectively, directing the respondents to pay accrued rent from the stay date with a one-month deadline and future monthly payments pending final disposal of the appeal.

What did the court decide?

Respondents directed to pay Rs. 20,000/month for flat and Rs. 10,000/month for shop, with arrears from 16.09.2014 to be paid within one month and rent thereafter monthly till final disposal.

FPA-10/BOM/2014 of Reshma S. Waghmare v/s The Competent… — Service and Employment | ATFP (2018)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI

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MP-50/BOM/2014 (S.P.)

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FPA-10/BOM/2014

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Reshma S. Waghmare … Appellant/Applicant Versus The Competent Authority, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Lilesh P. Sawant, Advocate For the respondent : Shri Ratnessh Srivastava, I.O.

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CORAM SMT ANANYA RAY : MEMBER

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ORDER 09.01.2018

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FPA-10/BOM/2014

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The forfeiture order was passed against the properties (1) Flat No. 701, Sun City Heights, Sector- 44-A, Seawood, Nerul, Navi Mumbai admeasuring 976 sq. ft. (2) Shop No. 6, Sun City Heights, Sector-44-A, Seawood, Nerul, Navi Mumbai admeasuring 248 sq. ft.

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Order under Section 19 of SAFEMA has also been issued. Stay of the forfeiture order was granted by this Tribunal by their order dated 16.09.2014 although no orders to the rent payable of their properties which are being enjoyed by the appellants’ was passed in the same. The respondent has filed a miscellaneous petition stating that they are enjoying the properties and are therefore liable to pay rent. The respondent has stated that the market rent in those areas for the flat

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FPA-10/BOM/2014 Page 1 of 2

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would be around Rs. 25,000/- per month and for the shop would be Rs. 10,000/- per month. They have also enclosed copies of search result of such properties listed for giving on rent in the locality with their petition.

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The learned counsel for the appellant states that the rent appears on the higher side although he has no documentary proof to that effect.

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The learned counsel for the respondent reiterates their argument as filed in the miscellaneous petition.

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On the basis of above and the documents available in the records, the rent for the flat is fixed as @ Rs. 20,000/- per month and for the shop is fixed as @ Rs. 10,000/- per month. This rent will be from the date of the stay order i.e. 16.09.2014. They are given a time period of one month, to pay the rent arrears including rent upto January, 2018. Thereafter they shall pay the rent every month till the final disposal of the appeal.

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List for 09^th April, 2018.

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Copy of the order be given ‘dasti’ to both the parties.

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(Ananya Ray)

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Member

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New Delhi, 09^th January, 2018 ‘D’

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FPA-10/BOM/2014

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Page 2 of 2

FPA-10/BOM/2014 of Reshma S. Waghmare v/s The Competent Authority, Mumbai

Case brief

What is this about?

What did the court decide?

FPA-10/BOM/2014 of Reshma S. Waghmare v/s The Competent Authority, Mumbai

Case brief

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What did the court decide?

What the court decided

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