Ghass Compound Industrial Association Th. Its Vice… — Writ and Judicial Review | Bombay HC (2025)

Ghass Compound Industrial Association Th. Its Vice… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

No substantive relief on merits; petition disposed of with directions: respondent nos. 3 and 4 to file a written response to the representation within two weeks, and the Registrar to hear the parties and decide the transit-rent entitlement issue within four weeks; all contentions kept open; no costs.

Issue for consideration

Whether the petitioners are entitled to equitable rents/compensation (transit rent) at Rs.100/- per sq. ft. per month from the date of eviction, at parity with any enhancements extended by respondent no. 3 Developer to other members.

Court's answer

Respondent nos. 3 and 4 were permitted to place the correct position on record in a written response to the petitioner's representation within two weeks, with a copy to the petitioners' advocate.

Ratio / Principle

The Registrar shall hear the parties as expeditiously as possible and decide the issue of the petitioners' entitlement to transit rent as claimed within four weeks.

Key takeaways

All contentions of the parties were expressly kept open.ratio¶¶21

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Division Bench of G. S. Kulkarni and Aarti Sathe, JJ., disposed of a writ petition under Article 226 of the Constitution of India filed by Ghass Compound Industrial Association (through its Vice President) seeking a direction to the developer to pay equitable rents/compensation (transit rent) at Rs.100/- per sq. ft. per month from the date of eviction, at parity with enhancements extended by respondent no. 3 Developer to other members. The Court noted that the petitioner's representation dated 5 March 2024 to the Assistant Sub Registrar of Societies (received by the officer working under the Slum Rehabilitation Authority on 7 March 2024) was still undecided and pending. The Court permitted respondent nos. 3 and 4 to place the correct position on record by written response within two weeks (copy to the petitioners' advocate) and directed the Registrar to hear the parties and decide the issue of entitlement to transit rent as claimed within four weeks. All contentions were expressly kept open. Petition disposed of; no costs.

4.WP5282_2024.DOC

2025:BHC-OS:16906-DB

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 5282 OF 2024

Ghass Compound Industrial Association, through its Vice President, Shamshad Nazim Ali Khan & Ors. ... Petitioners

Versus

... The Slum Rehabilitation Authority & Ors. Respondents

Mr. Eshan Borikar a/w. Mr. Narayan Sawant i/b. Dipak Mane for the petitioners. Mr. Abhijit P. Kulkarni a/w. Ms. Sweta Shah for respondent no. 1.

Mr. Gauraj Shah a/w. V.A. Joshi a/w. Yogesh Patel i/b. Chitnis Vaithy & Co. for respondent nos. 2 and 3.

Ms. Manisha Gawde, AGP for respondent no. 4.

CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 25 September 2025

P.C.

This petition under Article 226 of the Constitution of India is filed

praying for the only relief, which reads thus:

“a) This Hon’ble Court may be pleased to direct respondentsDeveloper to pay equitable rents/compensation to the petitioners from the date of eviction, i.e., 22.03.3033 @Rs.100/- per sq. ft. per month, plus any enhancements thereof extended by respondent no. 3 Developer to other members.”

We find that the petitioner is praying parity in respect of the payment of transit rent and/or non-payment of transit rent. The petitioner has already approached the Assistant Sub Registrar of Societies by virtue of representation dated 5 March, 2024 at Exhibit ‘C’ Page 63, which was received by the officer working under the Slum Rehabilitation Authority on 7 March, 2024. Such

Page 1 of 2

4.WP5282_2024.DOC

application/representation of the petitioner is still not decided and/or is kept pending.

Mr. Shah, learned counsel for respondent nos. 2 and 3/developer has submitted that respondent nos. 13 to 18 are not eligible and insofar respondent nos. 19 to 44 are concerned, his clients have already deposited the rent with SRA. He submits that 11 months advance rent was paid to those who had voluntarily vacated. We, accordingly permit respondent nos. 3 and 4 to place the correct position on record in its written response to the representation of the petitioner within a period of two weeks from today. A copy of the same be furnished to the advocate for the petitioners. The Registrar shall hear the parties as expeditiously as possible and in any event, decide the issue in regard to the entitlement of the transit rent as claimed by the petitioners within a period of four weeks from today. All contentions are expressly kept open.

The petition stands disposed of in the aforesaid terms. No costs.

AARTI SATHE, J.) (G. S. KULKARNI, J.)

Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 01/10/2025 11:31:38

Page 2 of 2