Baba Homes Builders And Developers v. Hemant Narayan Desai And 10 Others

916.CONPW.63-2024.DOCX Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 63 OF 2024 IN WRIT PETITION NO. 2856 OF 2018 Baba Homes Builders and Developers

...Petitioner

Versus

Hemant Narayan Desai and ors.

...Respondents

Mr R. K. Mendadkar (through VC), a/w Ms Komal Gaikwad, for the Petitioner.

Mr Chintamani Bhangoji, for Respondent No.6.

Ms Uma Palsuledesai, AGP, for the Respondent-State. Mr S. A. Waradkar, except for Respondent No.3.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

22nd August 2024 PC:- 1.

Representatives of SRA and BMC are not present though, Mr. Bhangoji states that, notices have been served upon.

2.

Learned counsel for all Respondents except the 3rd Respondent who is reported to have expired made a statement that the premises which are being offered by the Petitioner have neither any electricity supply nor any water supply. 22nd August 2024

916.CONPW.63-2024.DOCX He pointed out that the premises do not even have basic sanitary facilities.

3.

This Contempt Petition was lodged on the ground that the premises are complete, but the Respondents are not moving into such premises for no justifiable reasons. 4.

Accordingly, the Petitioner, must file an affidavit in this Court within a week from today indicating whether the premises that they have now offered have electricity supply, water supply and basic sanitary facilities. Photographs should also be annexed along with this reply to show the status of the premises offered.

5.

Such affidavit must be filed and served on or before 29th August 2024.

6.

The SRA and BMC officials are also directed to inspect the premises and submit a report about the status of the premises. This shall be independent of the Petitioner's filing an affidavit as directed above.

7.

Learned counsel for the Respondents states that he will provide the names of legal representatives of the 3rd Respondent within a week from today so that their representatives can be notified about this matter. 8.

List this matter on 5th September 2024.

(Kamal Khata, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 22/08/2024 19:15:26 22nd August 2024