Omkar Realtors And Developers Pvt. Ltd. v. The Chief Executive Officer Slum Rehabilitation Authority And 8 Others

902-wpl174-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.174 OF 2019 Omkar Realtors & Developers Pvt. Ltd.

...Petitioner

V/s.

The Chief Executive Officer, Slum Rehabilitation Authority & Ors. ...Respondents Mr.Shakeeb Shaikh with Ms.Sheetal Angre, Ms.Asha Nair and Ms.Ketaki Mishra i/b Diamondwala & Co. for the Petitioner. Mr.Y.V. Patil I/b Mr.Vijay Patil for the Respondent Nos.1 and 2. Mr.Amit Shastri, A.G.P. for the State - Respondent No.8. Mr.Parvindra Singh Sethi for the Respondent No.9. CORAM : R.D. DHANUKA, J.

DATE : 11TH JULY, 2019.

P.C. :- 1.

By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 7th December, 2018 passed by the Apex Grievance Redressal Committee in Application (Lodging) No.03 of 2018 filed by the respondent no.3 herein inter-alia praying for payment of rent from the petitioner. 2.

Learned counsel appearing for the petitioner does not dispute that the respondent no.9 has been held eligible for allotment of permanent alternate accommodation and for payment of rent as 1/2

902-wpl174-19.doc far back as in the year 2012. The said order of eligibility of the respondent no.9 has not been impugned by the petitioner. By an order dated 7th December, 2018, the Apex Grievance Redressal Committee has accordingly directed the petitioner to pay the rent to the respondent no.9.

3.

Learned counsel for the petitioner invited my attention to the stop work notice dated 18th January, 2018 issued by the Slum Rehabilitation Authority and at the same time directing the petitioner to pay rent to the eligible slum dwellers. He also invited my attention to a letter dated 25th January, 2018 issued by the Slum Rehabilitation Authority withdrawing the said stop work notice. In my view, even if the said stop work notice is withdrawn, the liability to pay the rent amount to the slum dwellers does not cease. The petition is devoid of merit and is accordingly dismissed with costs quantified at Rs.25,000/- which shall be paid by the petitioner to the respondent no.9 within one week from today.

(R.D. DHANUKA, J.) 2/2