Shams Tanveer Khan And ORS v. Jahangir Alam Maqbool Khan And ORS

3-ASWP-2327-2022+.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2327 OF 2022 WITH INTERIM APPLICATION NO. 3647 OF 2023 IN WRIT PETITION NO. 2327 OF 2022 WITH INTERIM APPLICATION NO. 3650 OF 2023 IN WRIT PETITION NO. 2327 OF 2022 Jahangir Alam Maqbool Khan & Ors

...Petitioners

Versus

The Chief Officer, MBR and R Board (A MHADA Unit) & Ors

...Respondents

Ms Archana P Gaikwad, for the Petitioners.

Mr Malcom Siganporia, with Rajendra Rathod, Abdullah Maknojia & Umar Dalvi, for Respondent No. 4.

Mr Sagar Patil, for the MCGM.

Mrs AA Purav, AGP, for Respondent-State.

by ARUN RAMCHANDRA SANKPAL Date:

2023.08.01 10:31:39 +0530 ARUN RAMCHANDRA SANKPAL

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

31st July 2023 PC:- 31st July 2023

3-ASWP-2327-2022+.DOC 1.

We are informed that four of the five persons have accepted their cheques and taken possession of the premises in question. We are told that the 1st Petitioner has accepted the cheque but has declined to take possession of the premises, Shop No. 9, since he disputes the location which is at the rear of the structure. That cannot be the subject matter of a writ proceeding. 2.

The 1st Petitioner is at liberty to take possession on a without prejudice basis and to adopt appropriate proceedings in that regard for a relocation.

3.

We are informed that as between the Petitioners and the developer there were Consent Terms and the locations were in fact agreed in those Consent Terms. We only note the submission but leave all contentions open for an appropriate proceeding. 4.

The Petition is disposed of in these terms with no order as to costs.

5.

Any other disputes as to a difference in the amount of rent payable may also be taken in a civil proceeding. 6.

All pending Interim Applications are disposed of as infructuous.

(Neela Gokhale, J) (G. S. Patel, J) 31st July 2023