Nitin Bhabutmal Jain vs the State of Maharashtra through Government Pleader — Bombay HC (2025) — LawSathi Research

Nitin Bhabutmal Jain vs the State of Maharashtra through Government Pleader — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both Writ Petitions disposed of as nothing further survived; MHADA to complete the procedure for physical allotment of flats within two weeks of the Petitioners approaching the concerned Authority; Petitioners at liberty to file an appropriate application before the concerned Authority of MHADA for adjudication of their Transit Accommodation Rent arrears; Interim Application (L) No.27886 of 2024 disposed of as not surviving.

Issue for consideration

Whether the Petitioners would accept possession of the premises as allotted to them, in light of the measurement and compliance Affidavit filed by MHADA and MCGM. +1 more

Court's answer

The Court accepted the statement of learned Advocate for MHADA that, if the Petitioners approach the concerned Authority of MHADA, the procedure for physical allotment of flats will be completed within a period of two weeks therefrom.

Ratio / Principle

Nothing further survived in the Petitions and the Petitions were accordingly disposed of.

Key takeaways

On the disputed question of payment of arrears of rent, the Petitioners were left at liberty to file an appropriate Application before the concerned Authority of MHADA for adjudication of their Transit Accommodation Rent.ratio¶33
In view of the disposal of the Petitions, Interim Application (L) No.27886 of 2024 did not survive and was also disposed of.ratio¶34

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Coram A. S. Gadkari and Kamal Khata, JJ., by order dated 10th January 2025, disposed of Writ Petition No.2388 of 2024 (Nitin Bhabutmal Jain & Ors. v. The State of Maharashtra & Ors.) and connected Writ Petition No.1385 of 2024 (Macrotech Developers Limited v. The State of Maharashtra & Ors.), together with Interim Application (L) No.27886 of 2024. Following a joint inspection carried out in furtherance of Orders dated 19th and 26th June 2024 and a carpet-area site-inspection report prepared on 1st July 2024, Petitioner No.1 tendered an affidavit dated 10th January 2025 stating, without prejudice, that the Petitioners were ready and willing to accept possession of the premises as allotted, in light of the measurement and compliance Affidavit dated 2nd July 2024 filed by MHADA and MCGM. The sole surviving dispute was Transit Accommodation Rent. On the statement of learned counsel for MHADA — accepted by the Court — that the procedure for physical allotment of flats would be completed within two weeks of the Petitioners approaching the concerned Authority, the Petitions were disposed of; the Petitioners were left at liberty to file an appropriate application before the concerned MHADA Authority for adjudication of their Transit Accommodation Rent arrears; and the Interim Application was disposed of as not surviving.

dtg 33-Wp-2388-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2388 OF 2024

Nitin Bhabutmal Jain & Ors. … Petitioners

V/s.

The State of Maharashtra & Ors. … Respondents

WITH

WRIT PETITION NO. 1385 OF 2024

WITH

INTERIM APPLICATION (L) NO.27886 OF 2024

IN

WRIT PETITION NO. 1385 OF 2024

Macrotech Developers Limited … Petitioner

V/s.

The State of Maharashtra & Ors. … Respondents

Adv. Y.E. Mooman for Petitioners in WP No.2388 of 2024.

Adv. Amogh Singh a/w Adv. Jeet Gandhi for Petitioner in WP No.1385 of 2024.

Adv. Vishal Thadani, Addl.G.P. for Respondent-State in WP No.2388 of 2024. Adv. Jyoti Chavan, Addl.G.P. a/w Adv. Varsha Sawant, A.G.P. for RespondentState in WP No.1385 of 2024.

Dr.Uday Warunjikar a/w Adv. Sonali R. Chavan for Respondent-MHADA in WP No.2388 of 2024.

Adv. P.G. Lad for Respondent-MHADA in WP No.1385 of 2024.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 10^th January 2025.

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dtg 33-Wp-2388-2024.doc

P.C. :

Mr. Lad, learned Advocate appearing for Respondent-MHADA submitted that, in furtherance of Orders dated 19^th June 2024 and 26^th June 2024, the concerned Authority has carried out joint inspection. That, the report indicating the carpet area as per site inspection is also prepared on 1^st July 2024.

Mr. Mooman, learned Advocate appearing for Petitioners in WP No.2388 of 2024, tendered across the bar an Affidavit of Shri. Nitin Jain, Petitioner No.1, dated 10^th January 2025. It is stated therein that, without prejudice to the rights and contentions of the Petitioners, the Petitioners are ready and willing to accept the possession of the premises as allotted to them in light of measurement and compliance Affidavit dated 2^nd July 2024, filed by MHADA and MCGM.

Upon a query by this Court, learned Advocate Mr. Mooman, submitted that, the dispute is now with respect to only the Transit Accommodation Rent.

Mr. Lad, learned Advocate appearing for MHADA submitted that, if the Petitioners approached the concerned Authority of MHADA, the procedure for physical allotment of flats will be completed within a period of two weeks therefrom. The said statement is accepted.

In view thereof, nothing further survive in the Petitions, Petitions are accordingly disposed off.

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dtg 33-Wp-2388-2024.doc

As far as disputed question of payment of arrears of rent is concerned, the Petitioners are at liberty to file appropriate Application before the concerned Authority of MHADA for adjudication of their Transit Accommodation Rent.

In view of disposal of Petitions, Interim Application (L) No.27886 of 2024, does not survive and is also disposed off.

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