Two writ petitions were disposed as worked out and infructuous. One petition concerned transit rent claims settled by the authority. The other became infructuous after the issue authority withdrew a stop work notice.
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.
4-ASWP-812-2021+M.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 812 OF 2021
Anna Bhau Sathe Nagar SRA Cooperative …Petitioner Housing Society Ltd Versus The Chief Executive Officer & Ors …Respondents
WITH
WRIT PETITION NO. 1077 OF 2021
The Bombay Dyeing & Manufacturing Company …Petitioner Limited
Versus
State of Maharashtra Through Under Secretary & …Respondents Ors
AMOL PREMNATH JADHAV
Digitally signed by AMOL PREMNATH JADHAV Date: 2023.02.10 10:55:04 +0530
Ms Meena Doshi , with Smruti Kanad, i/b M/s Negandhi Shah & Himayatullah for the Petitioner in WP/1077/2021. Mr Amey Sawant , for the Petitioner in WP/812/2021. Mr Amey Sawant , for Respondent No. 6 in WP/1077/2021. Mr Aditya Mahadik , i/b Abhijit Kulkarni, for the Respondent-SRA. Mr SB Kalel , AGP , for the Respondent-State, in WP No. 1077/2021.
CORAM G.S. Patel & Neela Gokhale, JJ. DATED: 9th February 2023
PC:-
Page 1 of 3 9th February 2023
4-ASWP-812-2021+M.DOC
WRIT PETITION NO. 812 OF 2021:
1. This Writ Petition has worked itself out. The demands of the Society have been met. There were eight Society members who claimed entitlement. The 3rd Respondent, i.e., the developer-owner has accepted the claim of one of them. He has been paid. This is not contentious. The developer disputes the claims of the seven remaining persons. Ms Doshi on behalf of the developer-owner submits that these seven persons are not entitled to transit rent because they are not in transit to begin with and their structures have not been demolished. This is not a dispute that we can entertain in our writ jurisdiction. These remaining seven persons have an efficacious alternate remedy before the Slum Rehabilitation Authority. There is even an appeal remedy . Factual disputes may be agitated there. We are told that these seven persons have in fact approached the SRA.
2. We request the SRA to dispose of that application at the earliest possible. All contentions before SRA are expressly kept open on both sides.
3. Writ Petition No. 812 of 2021 is disposed of in these terms with no order as to costs.
WRIT PETITION NO. 1077 OF 2021:
4. Writ Petition No 1077 of 2021 has been worked out inter alia because of a letter dated 11th July 2022 by the SRA withdrawing the impugned stop work notice dated 7th January 2021.
Page 2 of 3
9th February 2023
4-ASWP-812-2021+M.DOC
5. Writ Petition No. 1077 of 2021 is thus disposed of as infructuous.
6. No costs.
(Neela Gokhale, J)
(G. S. Patel, J)
Page 3 of 3 9th February 2023
Anna Bhau Sathe Nagar SRA Cooperative Housing Society Ltd.
The Bombay Dyeing & Manufacturing Company Limited
Chief Executive Officer
State of Maharashtra
G.S. Patel
Neela Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
