Paradise Associates v. The State Of Maharashtra And 3 ORS

16 wp 2606 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2606 OF 2018 Paradise Associates ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Ms. Yasmin Tavaria with Mr. Abhishek Yadav, for Petitioner. Mr. Sukanta Karmakar, AGP, for Respondent No.1. Mr. P.G.Lad with Mrs. Aparna Muralidharan, Mrs. Sayali Apte, for Respondent Nos.2 and 3.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 25 th JUNE, 2019 P.C.:

1.

The above Writ Petition is filed by the Petitioner against the Chief Officer, Mumbai Building Repairs and Reconstruction Board (Respondent No.2), Maharashtra Housing and Area Development Board (Respondent No.3) and Municipal Corporation of Greater Mumbai (Respondent No.4) seeking directions from this Court to quash and set aside the Stop Work Notice dated 9 th July, 2018. The Petitioner has also sought refund of the amount of one year's advance rent deposited by the Petitioners amounting to Rs.10,80,000/- and also three months rent taken as deposit amounting to Rs.2,70,000/- totally amounting to Rs.13,50,000/-. 2.

As far as the issue of Stop Work Notice is concerned, both the parties have informed the Court that the Stop Work Notice is revoked in view of the order dated 6 th SSP 1/2

16 wp 2606 of 2018.doc June, 2019 passed by the Chief Officer, MHADA. As far as the prayer for refund is concerned, the Respondents have filed their Affidavit stating that the question of refunding any amount does not arise since the transit accommodation was kept reserved for the use of the Petitioner. Since the issue of refund involves disputed facts, the same cannot be decided in the present Petition. The Petitioner shall be at liberty to take out appropriate proceedings if so advised. In the event of the Petitioner filing any application before MHADA or any application being made within two weeks from today for issuance of NOC to occupation certificate, the same shall be decided and disposed off by the MHADA within six weeks from the date of this order. The Writ Petition is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2