Sweet Angel Home Builders v. Municipal Corporation Of Greater Mumbai And 4 ORS And Dy.Director And ANR (Prop.Respds)

7.NM.389.2019 in WP.1308.2019 (corrected).doc Digitally signed by Aarti G.

Palkar Date:

2020.12.14 14:57:38 +0530 Aarti G.

Palkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL APPELLATE JURISDICTION NOTICE OF MOTION NO.389 of 2019 IN WRIT PETITION NO.1308 OF 2019 M/s. Sweet Angel Home Builders ....Applicant In the matter between M/s. Sweet Angel Home Builders ....Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors.

....Respondents Mr. Nigel Quraishy a/w. Mr. Dushyant Krishnan, for the Applicant/Petitioner. Mr. Sukanta Karmakar, AGP for the Respondent-State. Mrs. Kiran Bhagalia a/w. Mr. Musharat Shaikh, for Respondent-MMRDA. Mr. R.S. Apte, Senior Advocate a/w. Mr. Shirsekar, for Respondent-MCGM. CORAM : A.A. SAYED AND SURENDRA P. TAVADE, JJ.

Date : 26 NOVEMBER 2020.

P.C. :

1.

The Notice of Motion has been taken out for the following reliefs:- (a) That this Hon'ble Court be pleased to direct the Respondent No.1 and 2 to determine the compensation payable to the Petition within two weeks as per the order dated 02.05.2019 passed by this Hon'ble Court in Writ Petition (L) No.1154 of 2018 and Writ Petition (L) No.851/2019. (b) In the alternative That this Hon'ble Court be please to direct the Respondent No. to to determine the compensation as per the valuation report of the Respondent No. to by adding 100% solatium and deducting necessary amounts used for rehabilitation of project afected persons.

(c) That This Hon'ble Court be pleased to direct the Municipal Corporation of Greater Mumbai to pay the 50% compensation as per the valuation report accepted by the MCGM, pending determination of the compensation.

2.

Despite the earlier orders and the last order dated 03.11.2020, the learned Senior Counsel for the Respondent-Corporation states that he is Aarti Palkar 1/2

7.NM.389.2019 in WP.1308.2019 (corrected).doc not in a position to make a statement as to when the Petitioner shall be paid the compensation amount.

3.

In the circumstances and upon perusal of the Order dated 02.05.2019, whereby directions were given to pay the compensation amount within six months, we direct that in the event the amount of compensation is not paid by the Respondent-Corporation to the Petitioner within four weeks from today, the Petitioner would be at liberty to take out Contempt proceedings.

4.

We make it clear that as far as the grievance of the Petitioner as regards valuation and compensation amount are concerned, the remedies of the Petitioner are kept open.

5.

The Notice of Motion to stand disposed of accordingly. (SURENDRA P. TAVADE, J.) (A.A. SAYED, J.) Aarti Palkar 2/2