Navin Tilak Nagar Housing Society Association Ltd. And 2 ORS. v. Mr. U.P.S Madan, Ias Commissioner Mumbai Metropolitan Region Development Authority And 19 ORS.

911-CONPW.108.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 108 OF 2014 IN WRIT PETITION NO. 1356 OF 2009 WITH NOTICE OF MOTION (L) NO. 474 OF 2015 Navin Tilak Nagar Housing } Society Association Ltd. and Ors. } Petitioners versus Mr. U. P. S. Madan, } IAS Commissioner, Mumbai } Metropolitan Region } Development Authority and Ors.

} Respondents Mr. Uday P. Warunjikar for the petitioners.

Ms. Kiran Bhagalia i/b. Ms. Chitra Phadke for respondent nos. 1 to 4.

Ms. Rupali Dixit i/b. Ms. Sharmila U.

Deshmukh for respondent nos. 5 and 6.

Mr. Umashankar Upadhyay - AGP for respondent no. 7.

CORAM :- S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED :- APRIL 7, 2016 P.C. :- After having heard both sides and finding that the parties have been put in possession except those who are not available, but an assurance is given that even they would be J.V.Salunke,PA

911-CONPW.108.2014.doc handed over vacant possession of the premises, which are meant for them, we find that the contempt petition has served its purpose.

2) We clarify that if the quality of the construction is not proper, if the petitioners are not satisfied with the occupation certificate and other documents and feel that they would be again facing the same difficulties and problems for which they had approached the court earlier, they are free to pursue such legal action and against the MMRDA and others as is permissible in law. We do not think that the contempt petition can be converted into a substantive proceeding so as to enlarge and widen the scope as desired by the petitioners.

3) The contempt petition is disposed of. In view of the disposal of the contempt petition, the notice of motion does not survive and stands disposed of as such.

(G.S.KULKARNI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA