This single-paragraph notice of motion order addresses a dispute regarding carpet area definitions under RERA. The court directed defendants to provide an undertaking for compliance with prior minutes of order for the benefit of the applicant.
Defendants to provide undertaking for strict compliance with minutes of order for alternate accommodation.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.863 OF 2019
IN
SUIT NO.66 OF 2018
Anil Shah
….Applicant/Plaintiff
Vs.
Uday Shankar Zaoba and Ors. ….Defendants
Dr. V. G. Bhartu I/b. Ms. Mona D. Vyas for applicant/plaintiff. Mr. Nigel Quraishy I/b. Mr. Abhijeet A. Joshi for defendant nos.1, 2, 3 and 9.
CORAM : K.R.SHRIRAM, J. DATE : 8th JULY 2019
P.C.:
1 There is already a status quo order passed. Mr. Quraishy,
counsel for defendant nos.1 to 3 and 9 states that they had agreed for status quo because there was a confusion as to what should be the actual area that plaintiff was entitled to.
2 Plaintiff is relying on minutes of order that was taken on record on 21st March 2018. As per the minutes of order, plaintiff was entitled to as many number of premises as certified by MHADA against the name of plaintiff, not exceeding three in number admeasuring 400 sq. ft. carpet area each by way of permanent alternate accommodation in the proposed new rehabilitation building alongwith such parking spaces in respect of the same as are permissible under the Development Control Regulations. Plaintiff was also entitled to an additional 1500 sq. ft. carpet area. The dispute is
Gauri Gaekwad
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restricted to what was meant by 400 sq. ft. carpet area each by way of permanent alternate accommodation, not exceeding three in number.
3 Plaintiff is seeking that plaintiff is entitled to 400 sq. ft. carpet area as agreed in minutes of order and additional 140 sq. ft. carpet area towards fungible area free of FSI permissible over and above the carpet area under the Development Control Regulations.
4 Mr. Quraishy states that plaintiff will certainly be given three tenements as agreed in the minutes of order as alternative accommodation of 400 sq. ft. each carpet area and the carpet area will be as defined under Section 2(k) of the RERA Act.
5 Defendant nos.1, 2, 3 and all partners of defendant no.9 shall each give an undertaking, either separately or one common undertaking signed by all, that they shall strictly and meticulously comply with the minutes of order and that they shall give plaintiff three tenements with minimum 400 sq. ft. carpet area and the carpet area will be as defined under the RERA Act.
6 Upon giving this undertaking to the satisfaction of the Prothonotary and Senior Master, High Court, Bombay, the status quo will stand vacated.
Gauri Gaekwad
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7 Notice of motion accordingly stands disposed.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
1 issue framed by the court
Whether defendants shall give an undertaking to comply with minutes of order regarding permanent alternate accommodation.
1 provisions across 1 enactments
Anil Shah
Uday Shankar Zaoba
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
