Anna Bhau Sathe Nagar Sra Co Operative Housing Society Ltd. v. The Chief Executive Officer And ORS

Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 812 OF 2021 Anna Bhau Sathe Nagar SRA Cooperative Housing Society Ltd

...Petitioner

Versus

The Chief Executive Officer & Ors

...Respondents

WITH WRIT PETITION NO. 1077 OF 2021 The Bombay Dyeing & Manufacturing Company Limited

...Petitioner

Versus

State of Maharashtra Through Under Secretary & Ors

...Respondents

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. AMOL PREMNATH JADHAV by AMOL PREMNATH JADHAV Date: 2023.02.10 10:55:04 +0530

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

PC:-

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.

5.

Writ Petition No. 1077 of 2021 is thus disposed of as infructuous.

6.

No costs.

(Neela Gokhale, J) (G. S. Patel, J)