Shree Sadguru And Deluxe Jv v. Mangilal Premraj Mistry

AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6319 OF 2024 IN WRIT PETITION NO.11213 OF 2022 Shree Sadguru & Deluxe JV ... Applicant V/s.

Rekha Gupta & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.04.17 17:16:01 +0530 ATUL GANESH KULKARNI WITH INTERIM APPLICATION NO.6322 OF 2024 IN WRIT PETITION NO.11093 OF 2022 Shree Sadguru & Deluxe JV ... Applicant V/s.

Ganesh Bhimappa Pungi ... Respondent WITH INTERIM APPLICATION NO.6320 OF 2024 IN WRIT PETITION NO.11094 OF 2022 Shree Sadguru & Deluxe JV ... Applicant V/s.

Mangilal Premraj Mistry ... Respondent WITH INTERIM APPLICATION NO.6321 OF 2024 IN WRIT PETITION NO.11230 OF 2022 Shree Sadguru & Deluxe JV ... Applicant V/s.

Amrit Premraj Mistry ... Respondent

Mr. Vikramjit Garewal with Farzeen Pardiwala for the petitioner in WP/11213/2024.

Mr. Jagdish S. Singh for the petitioner in WP/11093/2022.

Mr. Altaf Khan with Mr. Akash Mangalgi with Ms. Supriya Ghadge for the petitioner in WP/11094/2022 & WP/11230/2022.

Mr. Amogh Singh i/by Mr. Jeet Gandhi for the intervenors.

Mr. Jagdish G. Aradwad (Reddy) with Ms. Ashwini Jadhav for respondent No.1 - AGRC.

Mr. Girish Utangale with Mr. Saurabh Utangale for respondent No.2 - SRA.

Mr. Bhushan Deshmukh with Ms. Ravleen Sabharwal & Ms. Aarushi Yadav i/by RS Justicia Law Chambers for respondent No.3 - Tehsildar-1 (Special Cell) SRA. Mr. V.R. Raje, AGP for the State.

CORAM : AMIT BORKAR, J.

DATED : APRIL 17, 2024 P.C.:

1.

The present proceedings is a classic example of informal attitude of Slum Rehabilitation Authority in implementing rehabilitation scheme in a manner contemplated by the provisions of the Act. On 1 April 2024, this Court directed SRA to file an affidavit. Till 15 April 2024 no affidavit was filed. Therefore, this Court dictated an order directing Chief Executive Officer, SRA to remain present. However, Advocate appearing for SRA mentioned the matter at 4.30 p.m. and requested that necessary affidavit will be filed before the next date. Accordingly, today an affidavit is tendered on behalf of SRA.

2.

On perusal of paragraph 8 of the affidavit, it is evident that the affidavit is filed in a most casual manner. The authority of developer to develop the scheme was already terminated by the SRA. However, in paragraph 8 of the affidavit it is stated that the project is being implemented by the developer whose authority was already terminated by SRA itself. This statement on oath is in ignorance of its own order passed by the Chief Executive Officer, Slum Rehabilitation Scheme. Therefore, it appears that the SRA is not taking court proceedings seriously.

3.

Hence, the Chief Executive Officer, Slum Rehabilitation Authority is directed to remain present in this Court on 22 April 2024.

4.

Ad-interim relief granted earlier to continue till 22 April 2024.

(AMIT BORKAR, J.)