Smt. Bhanumati Damji Shah v. Mumbai Building Repairing And Reconstruction Board (Mhada Unit) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 183 OF 2025 rrpillai WITH INTERIM APPLICATION NO. 3876 OF 2025 Smt. Bhanumati Damji Shah ...

Appellant/Applicant Vs.

Mumbai Building Repairing and ...

Respondents Reconstruction Board (MHADA Unit) and Others Mr. Sanjiv Sawant a/w. Ms. Bhakti Wast i/b. Mr. Abhishek Deshmukh for the Appellant/Applicant.

Mr. Satyajeet P. Dighe for Respondent No. 1 - MHADA Ms. Neeta Jadhav i/b. Mr. Komal Punjabi for Respondent No. 2 - MMC.

Mr. Bharat Jain i/b. Mr. Mehul Rathod for Respondent Nos. 3 and 4. CORAM : GAURI GODSE, J.

DATE :

15th APRIL 2025 ORDER :

1.

Learned counsel for the appellant and respondent nos. 3 and 4 have tendered consent terms dated 15th April 2025. Learned counsel for the appellant and respondent nos. 3 and 4 submit that respondent no.5 has transferred his tenancy and transferee has signed an affidavit supporting the consent terms. Learned counsel by RAJESHWARI RAMESH PILLAI Date:

2025.04.16 22:59:33 +0200 RAJESHWARI RAMESH PILLAI for the appellant therefore seeks leave to delete respondent no. 5. 1/3

Learned counsel for the appellant and respondent nos. 3 and 4 agree that the consent terms would not bind respondent no. 5. The appellant is permitted to delete respondent no. 5. 2.

Learned counsel for the appellant and respondent nos. 3 and 4 submit that the parties have agreed to carry out repairs or reconstruction jointly for which No Objection Certificate ("NOC") granted by MHADA would remain operative. They further submit that the parties have agreed regarding the terms and conditions for carrying out repairs and reconstruction. They further submit that all the occupants of the building have affirmed affidavit confirming the terms and conditions of the consent terms. They further submit that the affidavit of all the occupants of the building are attached to the consent terms. They further submit that the appeal and the suit can therefore be disposed of in terms of consent terms. They submit that the parties have agreed in the consent terms that they shall apply before the City Civil Court for disposal of the suit in terms of the consent terms.

3.

Learned counsel for MHADA submits that the consent terms refers to the NOC granted by MHADA for repair/reconstruction. He submits that MHADA has not issued any NOC for reconstruction and the NOC issued by MHADA is only for repair work. 2/3

4.

The consent terms dated 15th April 2025 is taken on record and marked "X" for identification with today's date. The contents of the consent terms refers to reconstruction and repairs. Hence, it is clarified that though the word "reconstruction" is used in the consent terms the NOC granted by MHADA does not permit for any reconstruction and the parties would be under obligation to seek necessary permission. Hence, the consent terms cannot be interpreted to mean that there is any NOC granted by MHADA for reconstruction. It is further clarified that the consent terms would not be binding upon respondent no. 5. The consent terms are therefore taken on record subject to aforesaid clarification. 5.

The appeal is disposed of in terms of the consent terms. 6.

In view of disposal of the appeal, pending interim application is disposed of as infructuous.

[GAURI GODSE, J.] 3/3