The Tribunal fixed the market rent at Rs. 20,000 for a flat and Rs. 10,000 for a shop to be paid by the appellant from the date of stay order.
Rent fixed at Rs. 20,000 for flat and Rs. 10,000 for shop; one month to pay arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI
MP-49/BOM/2014 (S.P.)
&
FPA-9/BOM/2014
Sanjay N. Waghmare … Appellant/Applicant Versus The Competent Authority, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri Lilesh P. Sawant, Advocate For the respondent : Shri Ratnessh Srivastava, I.O. CORAM SMT ANANYA RAY : MEMBER
ORDER 09.01.2018
FPA-9/BOM/2014
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.
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
FPA-9/BOM/2014 Page 1 of 2
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.
The learned counsel for the appellant states that the rent appears on the higher side although he has no documentary proof to that effect.
The learned counsel for the respondent reiterates their argument as filed in the miscellaneous petition.
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.
List for 09th April, 2018.
Copy of the order be given ‘dasti’ to both the parties.
(Ananya Ray)
Member
New Delhi, 09th January, 2018 ‘D’
FPA-9/BOM/2014
Page 2 of 2
2 issues framed by the court
The question of whether the respondent was liable to pay rent for properties in their possession subject to a forfeiture stay.
The quantum of market rent to be charged for a flat and a shop in Navi Mumbai.
1 provisions across 1 enactments
Sanjay N. Waghmare
The Competent Authority, Mumbai
Ananya Ray
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
