Satidevi Co-Operative Housing Society v. State Of Maharashtra And 6 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3SOF 2018 Dist.:
- Mumbai 4J.TIDEVI CO-OPERATIVE ) HOUSING SOCIETY(Proposed) ) Registered on 2 1/02/2023 subsequently) ) Having Office at Plot bearing City ) SurveyNo 814,815,816,816 '/2 ) Dr R.P.Road,Near Sanghvi Chawl Mulund,Taluka Kurla,Murnbai 400080) .Petitioner V/s )
1. THE STATE OF MAHARASHTRA ) 2.SHREENATH DEVELOPERS ) Having office at Dattaram Arcade ) Shop NO %,Plot No I 36/D ,Sector 19 Khargar,Navi Mumbai
3. JANAK NATWARLAL SANCHVI Partner of Shreenath Developers Having address at 702,Shrisli Regency Near Lohana Mahajanwadi,Kharkar alli Thane a - 4.Dy DISTRICT COLLECTOR (Encroachment Removal &Competent Authority .Mulund Topiwala College Building,Sarojini Naidu Road.Mulund Muirthai 400080 . SLUM REHABILITATION AUTHORITY) SRA Having its Corporate Office at Administrative Building,Anant Kanekar Marg,Bandra (W),Mumbai 4000 050 6.MANOJ WALAVALKAR (Architect) An Adult Indian Inhabitant of Mumbai Residing at C-I 7,Shanti Carnpus,Pandit Malviya Road,Mulund,Mumbai 400080 7.M/s AHILYA ENTERPRISES Through its Proprietor Sudhir Tatkare Retired Partner of Shreenath Developers Having Office at 212,2m1 Floor, annexed Bldg)
Sector 1-A CBD Belapur,Navi Mumbai 400614) .Respondents CONSENT TERMS
1. The Petitioners filed the present writ petition against the Respondents for direction of issuance of writ for reconstruction of the tenement and/or completion of SRA project.
2. Respondent no 2, Shreenath Developers entered into a Development Agreement dated 29/04/2010 and Supplementary Development Agreement dated 28/07/201 Iwith the original land owners of land bearing CTS Nos 814,814/1 to 15, 815/1 to 3. They agreed to develop the said property under SRA Scheme.
3. The Petitioner society was formed and the Chief promoter (Kishor Waman Vaity),along with the then Committee Members and retired partners of Shreenath Developers in connivance with each other appointed Shri.Manoj Walavalkar, Respondent no 6 as an Architect for the SRA scheme who prepared fraudulent papers of SRA Scheme. An FIR no: 414/2015 was regisiered against
him, under section IPC 420, 465,467 and with Mulund police station.
4. Thereafter Respondent no 2 obtained a Letter of Intent (LOl) dated: 09/03/20 16 vide no: SRA/ENG/2842/T/PL/LOI was issued and new an architect Mr.Ketan Musale of M/s DOT Architects was appointed by the Petitioners and thereafter commencement certificate (CC) was issued by SRA and the SRA scheme was initiated.
5. The retired partners Respondent no 3and 7 along with the Architect ,Respondent no 6 and Chief Promoter were responsible for the problem suffered by the Petitioners and therefore they have filed this Writ Petition for reconstruction of the tenement which were demolished.
6. In the year 2019 it was decided that new agreement shall be made between Petitioners and Respondent No 2 and cancel the agreements made in the year 2010 and 2014 respectively .However the scheme got delayed
S
7. The Petitioner and Respondent No 2 after the reconstitution of their finTi by Deed Of Relirement Cum Admission dated 27th March,2023( wherein Paresh N.Patel is admitted as New Partner and Modaram P.Chaudhaiy is continuing Partner) settled the dispute with the Petitioners. The present partners of Respondent No2 have agreed to accept the demands of the Petitioners and have begun the construction of the SRA building and have agreed to pay the arrears of rent and till date have paid the arrears as agreed. outstanding rent for the period of 35 months
8. The arrears of the paid to at the rate of 10,000 pm for residential were agreed to be 3,000 pm for the commercial premises.Thereafier tenement and RsJ the rate of 13,000 pm for residential tenement it shall be paid at for the commercial premises. The outstanding and Rsl6,000 pm in three equal instalments paid in an interval of 6 rent shall be paid the first instalment shall be paid after 6 months of months each and execution of this document.
9. The Petitioner and Respondent no 2 have agreed that the allotment of the shops and flats shall be given as per the SRA rules and nonns.
10. Respondent no 2 has commenced the constructions and shall complete the Rehab building within the agreed period. II .The Rehabilitation Building to be constructed by Respondent no 2 as per the plans, which may be sanctioned by the Slum Rehabilitation Authority (SRA) Municipal Corporation of Greater Mumbai and! or other concerned authorities as per the prevailing Rules, Regulations and Law.
12.The Petitioners agree and undertake not to create any hindrance, nuisance, or problem to the Respondeni no 2 in getting the construction work completed as per the sanctioned Plan. 13.The Petitioners agree to sign all papers, letters, plans, undertaking, affidavits, forms, writing as may be required by Respondent No 2 for obtaining any other permission and sanction from Slum Rehabilitation Authority (SRA). the Municipal Corporation of Greater Mumbai and or other requisite authorities for the purpose of development of the said property.
l4.The Petitioners have withdrawn all the allegations,complaints ,representation in any form filed or pending before the SRA authorities against Respondent no 2 only.
15.The Petitioners have withdrawn all the allegations,cornplaints ,representation in any form filed or pending before Mulund Police Station and all the other higher police authorities against Respondent no 2.
I 6.The Petitioners throughout the implementation of S.R.A Scheme shall cooperate with Respondent no 2 at all or any stage.
17. The Declarations, Agreements, writings executed by the Petitioners in favour of Respondent no 2 shall be binding on them in more particularly executed in the year 2019. l8.The Petitioners admit and acknowledge the reconstitution of Respondent no 2 dated 27111 March,2023.
19.The Petitioners shall be responsible for the eligibility of the members who are not eligible.
20.The Respondent admit and acknowledge the reconstitution of Petitioners dated 01/01/2023 and 2 1/04/2023 Dated oS_03-2024 Petitioner &1T I1 rRL3tR.U. Z UjoWñW tR il Ps.: U3 UJLMI3WLP./UZUR14 / (A)fS3X?9/z91 ?o?
a Mumbai Respondent raenHotmt For SHR9IATH DEVELOPERS inw'q PARThER 5 MAR ZOZ Dr.v' m.kefl-40Q .