Ghass Compound Industrial Association Th. Its Vice President S Hamshad Nazim Ali Khan v. Slum Rehabilitation Authority Th. Its Assistant Sub-Registrar Of Society

2025:BHC-OS:16906-DB 4.WP5282_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5282 OF 2024 Ghass Compound Industrial Association, through its Vice President, Shamshad Nazim Ali Khan & Ors. ...

Petitioners

Versus

The Slum Rehabilitation Authority & Ors.

...

Respondents _______ Mr. Eshan Borikar a/w. Mr. Narayan Sawant i/b. Dipak Mane for the petitioners. Mr. Abhijit P. Kulkarni a/w. Ms. Sweta Shah for respondent no. 1. Mr. Gauraj Shah a/w. V.A. Joshi a/w. Yogesh Patel i/b. Chitnis Vaithy & Co. for respondent nos. 2 and 3.

Ms. Manisha Gawde, AGP for respondent no. 4.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

25 September 2025 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for the only relief, which reads thus: "a) This Hon'ble Court may be pleased to direct respondentsDeveloper to pay equitable rents/compensation to the petitioners from the date of eviction, i.e., 22.03.3033 @Rs.100/- per sq. ft. per month, plus any enhancements thereof extended by respondent no. 3 Developer to other members."

2.

We find that the petitioner is praying parity in respect of the payment of transit rent and/or non-payment of transit rent. The petitioner has already approached the Assistant Sub Registrar of Societies by virtue of representation dated 5 March, 2024 at Exhibit 'C' Page 63, which was received by the officer working under the Slum Rehabilitation Authority on 7 March, 2024. Such

4.WP5282_2024.DOC application/representation of the petitioner is still not decided and/or is kept pending.

3.

Mr. Shah, learned counsel for respondent nos. 2 and 3/developer has submitted that respondent nos. 13 to 18 are not eligible and insofar respondent nos. 19 to 44 are concerned, his clients have already deposited the rent with SRA. He submits that 11 months advance rent was paid to those who had voluntarily vacated. We, accordingly permit respondent nos. 3 and 4 to place the correct position on record in its written response to the representation of the petitioner within a period of two weeks from today. A copy of the same be furnished to the advocate for the petitioners. The Registrar shall hear the parties as expeditiously as possible and in any event, decide the issue in regard to the entitlement of the transit rent as claimed by the petitioners within a period of four weeks from today. All contentions are expressly kept open.

4.

The petition stands disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 01/10/2025 11:31:38