Blue Castle Infra Llp v. Slum Rehabilitation Authority

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1577 OF 2025 Blue Castle Infra LLP and another ] Petitioners Vs.

Slum Rehabilitation Authority and others ] Respondents a/w WRIT PETITION [L] NO.3726 OF 2025 Saranga Estate Private Limited ] Petitioner Vs.

Slum Rehabilitation Authority and others] Respondents .....

Mr. Karl Tamboly a/w Mr. Rushabh Sheth, Mr. Dhiren Shah, Ms. Mamta Harwani i/b Dhiren H. Shah, for Petitioner in Writ Petition No.1577 of 2025. Mr. Chirag Balsara a/w Mr. Yogesh Patil, for Petitioner in Writ Petition [L] No.3726 of 2025, for Respondent No.7 in Writ Petition [L] No.1577 of 2025. Ms. Ravleen Sabharwal i/b R.S. Justicia Law Chambers, for Respondents No.1 to 5 in Writ Petition No.1577 of 2025 and for Respondents No.1,2 and 4 in Writ Petition [L] No.3726 of 2025 for Respondent - SRA. Mr. Malcon Siganporia i/b Mr. Arun Singh, for Respondent No.8 in Writ Petition No.1577 of 2025 and for Respondent No.5 in Writ Petition [L] No.3726 of 2025.

.....

CORAM : G.S. KULKARNI & ARIF S. DOCTOR, J.J.

DATE : 28th JULY, 2025.

P.C:

1.

Having heard learned Counsel for the parties on the present proceedings, we are of the opinion that the Stop Work notices dated 17th March, 2025 and 6th April, 2025 shall remain stayed subject to the petitioners SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.07.30 16:40:20 +0530

depositing with the SRA an amount of Rs.5 crores which shall be without prejudice to the rights and contentions of the petitioners in the present proceedings. Let such amount be deposited within one week from today. 2.

In so far as the impugned order is concerned, we direct that the Chief Executive Officer of the SRA shall hear the parties and pass an appropriate order in regard to the amounts which would become due and payable by the petitioners having entered the project and strictly in accordance with law under the provisions of section 13 (3) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. Let the correct calculation be arrived at and placed on record on an affidavit on or before the adjourned date of hearing. All contentions of the parties in that regard are expressly kept open. 3.

List the proceedings on 11th August, 2025. High on Board. 4.

We have passed the aforesaid order as prima facie, we are of the opinion that the order needs to be in accordance with what has been provided for in law and considering the Heads which are taken into consideration which are being alleged to be Heads which can never be subject of any payment/recovery from the petitioners. We keep open all contentions in that regard which shall now be advanced before the Chief Executive Officer of SRA. Needless to observe that, in the event, amounts as directed by us are not deposited, the protection as granted by us shall not be available to the petitioners.

5.

At this stage, Mr. Tamboly, learned Counsel for the petitioners submits that the amount can be deposited in this Court. We permit the petitioners to deposit the said amount and/or a bank guarantee of a nationalized bank drawn in favour of the Prothonotary and Senior Master, High Court Original Side, Bombay.

[ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.]