Swaminath Motilal Yadav And ORS v. The Apex Grievances Redressal Committee And ORS

48 wp 15686 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15686 OF 2025 Swaminath Motilal Yadav and Ors.

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Petitioners versus The Apex Grievances Redressal Committee and Ors.

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Respondents SWAROOP SHARAD PHADKE Mr. Pradeep Gaikwad, for Petitioners.

Smt. P.H.Kantharia, Govt. Pleader for Respondent No.2. SWAROOP SHARAD PHADKE Date: 2025.11.29 18:22:20 +0530 CORAM: N.J.JAMADAR, J.

DATE :

27 NOVEMBER 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 6 February 2025, passed by the Respondent No.1, whereby the appeal preferred by the Petitioners against an order dated 20 December 2021, passed by the Respondent No.2 rejecting the grievance of the Petitioners regarding nonpayment of the transit rent, came to be dismissed. 3.

The order dated 20 December 2021, passed by the Respondent No.2 indicates that, the Respondent No.3 had paid an amount of Rs.5 Lakhs, which included transit rent of Rs.3,60,000/- for the period of three years. 4.

Since the authorities have recorded findings of fact that, the transit rent was paid, this Court in exercise of supervisory jurisdiction cannot delve into thickets of facts.

SSP 1/2

48 wp 15686 of 2025.doc 5.

The order passed by the Respondent No.2, however, records that, the transit rent was due and payable from November 2021. It is the grievance of the Petitioners that the transit rent from November 2021 has also not been paid.

6.

If that be the case, the Petitioners are granted liberty to file an application before the Respondent No.2 seeking directions for payment of the transit rent from November 2021.

7.

If such an application is filed, the Respondent No.2 shall decide the same on its own merits and in accordance with law, after providing an opportunity of hearing to the Respondent No.3 - developer. 8.

The contentions of the parties with regard to the payment of transit rent from November 2021 are kept open for consideration by the Respondent No.2.

9.

Subject to aforesaid clarification, the Writ Petition stands disposed. ( N.J.JAMADAR, J. ) SSP 2/2