Godrej Residency Private Limited A Company Registered Under The Companies Act, 1956 v. Mohammed Riyaz Usman Shaikh And 7 ORS
Ganesh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by GANESH SUBHASH LOKHANDE Date:
2024.04.02 12:29:41 +0530 GANESH SUBHASH LOKHANDE INTERIM APPLICATION NO. 477 OF 2024 IN WRIT PETITION NO. 1452 OF 2023 Godrej Residency Pvt Ltd ...Applicant In the matter between Mohammed Riyaz Usman Shaikh
...Petitioner
Versus
Mohammed Riyaz Usman Shaikh & Ors
...Respondents
WITH CONTEMPT PETITION (L) NO. 21941 OF 2023 IN WRIT PETITION NO. 1452 OF 2023 Mohammed Riyaz Usman Shaikh
...Petitioner
Versus
Neelkamal Realtors Tower Pvt Ltd
...Respondent
WITH CONTEMPT PETITION (L) NO. 21943 OF 2023 IN WRIT PETITION NO. 1451 OF 2023 Subodh Timappa Shanbhag
...Petitioner
Versus
Neelkamal Realtors Tower Pvt Ltd
...Respondent
WITH INTERIM APPLICATION NO. 478 OF 2024 IN WRIT PETITION NO. 1451 OF 2023 Godrej Residency Pvt Ltd ...Applicant In the matter between Subodh Timappa Shanbhag & Anr
...Petitioners
Versus
Maharashtra Housing and Area Development Authority & Ors
...Respondents
Mr Sharan Jagtiani, Senior Advocate, with Akshay Doctor, Ms Aneesa Cheema, Dipti Das, Sunil Vyas & Shriya Nalawade, i/b Fox Mandal & Associates LLP, for the Applicant in IA/477/2024 & IA/478/2024 and for Respondent No 4, in CONPWL/21941/2023 & CONPWL/21943/2023.
Ms Rupali Adhate, for the Respondent-BMC.
Mr PG Lad, with Sayli Apte & Shreya Shah, for the RespondentMHADA. Mr Karl Tamboly, with Sneha Vani Marjadi i/b Sneha Vani Marjadi, for Respondent No 6 in IA/477/2024 & IA/478/2024 and for Respondent No 1 in CONPWL/21941/2023 & CONPWL/21943/2023.
CORAM
G.S. Patel & Kamal Khata, JJ.
DATED:
PC:- 1.
We have by our order dated 19th March 2024 dealt with the issue regarding non-execution of a Permanent Alternate Accommodation Agreement ("PAAA") by individuals who are
entitled to re-accommodation. Their objection was in regard to the inclusion of the name of Godrej Residency Pvt Ltd ("Godrej") in the PAAA. We dealt with that objection.
2.
Mr Shukla on behalf of several Petitioners says that there is now no impediment to the execution of the PAAA. 3.
It seems that there are several others who are in possession of rehab tenements but have not executed PAAAs. We are told that this is because there is substantially the same ground regarding the No Objection Certificate ("NOC") of the Maharashtra Housing and Area Development Authority ("MHADA"). That aspect is fully covered by our order dated 19th March 2024.
4.
Thus, all these persons who have not executed PAAAs but are entitled to the execution of the PAAA will do so in accordance with our order dated 19th March 2024.
5.
Mr Shukla however points out, and we believe rightly, that there is still a question of arrears of transit rent. If there are indeed any arrears, these will of course have to be paid but those arrears must be reckoned up to the date of possession, not the date of execution of the PAAA. None can have any possible objection to this. We leave it to MHADA to supervise the payment of the transit rent. If there is any dispute in regard to the transit rent, we give both sides liberty to apply but we clarify that this will not come in the way of execution of the PAAA. All agreed arrears of transit rent are to be
cleared by 19th April 2024. All PAAAs are to be executed by 23rd April 2024.
6.
Mr Shukla states that some of the individuals may not be in the country. He does not have instructions to say whether they have given Power of Attorney to other persons.
7.
List the Writ Petition for directions on 23rd April 2024. By that date, Mr Shukla will obtain the necessary particulars. 8.
The Contempt Petitions and all IAs are disposed of in view of these two orders.
(Kamal Khata, J) (G. S. Patel, J)