Supreme Court of India
G.S. SINGHVI & S.J. MUKHOPADHAYA, JJ.
Esha Ekta Apartments Cooperative Housing Society Limited & Others
Versus
Municipal Corporation of Mumbai & Another
SLPs. (C).No. 33471 of 2011 with Nos. 33601, 33940, 35324 & 35402 of 2011
Decided On : 16-03-2012
Transfer of Writ Petition - Jurisdiction - The court ordered the transfer of a pending Writ Petition from the Bombay High Court to the Supreme Court in compliance with its previous order. It also directed the impleadment of builders/developers as parties to the proceedings.
Fact of the Case:
The petitioners had filed a Writ Petition for regularization of construction before the Bombay High Court. The Supreme Court ordered the transfer of the Writ Petition to itself and directed the impleadment of builders/developers as parties to the proceedings.
Finding of the Court:
The court found it appropriate to transfer the Writ Petition to itself and ordered the impleadment of builders/developers as parties to the proceedings.
Issues: Transfer of Writ Petition, Impleadment of Builders/Developers
Ratio Decidendi: The court has the jurisdiction to transfer a pending Writ Petition to itself and can order the impleadment of additional parties to the proceedings.
Final Decision: The Writ Petition pending before the Bombay High Court was transferred to the Supreme Court, and the builders/developers were ordered to be impleaded as parties to the proceedings.
Judgment :
In compliance with the Court’s order dated 29-2-2012 (Esha Ekta Apartments CHS Ltd. v. Municipal Corpn. Of Mumbai, (2012) 4 SCC 689: (2012) 2 SCC(Cri) 669) the petitioners have given out that Writ Petition No. 6550 of 2010 filed by them for issuance of a mandamus for regularization of the construction in pending before the Bombay High Court. Keeping in view the observations made in our order dated 29-2-2012 (supra), we consider it appropriate to suo motu order transfer of Writ Petition No. 6550 of 2010 pending before the Bombay High Court to this Court. Ordered accordingly.
The Registry of this Court is directed to send a communication to the Registry of the Bombay High Court for transmitting the record of Writ Petition No. 6550 of 2010 to this Court at the earliest.
The learned counsel have also furnished the details of the developers/builders from whom the members of the societies are said to have purchased the flats. The details of the buildings/developers are as under:
SLP (C) No. 33471 of 2011
(a) PSB Construction Company Limited, 35, New Lalbagh Colony, Patiala, Punjab.
(b) Mr. I.S. Chawla, 30, Apollo Street, Fort, Mumbai 400 023.
SLPs (C) Nos. 33601 and 33940 of 2011
Mr. Yusuf Patel (deceased) through Lrs.
1. Mr. Abdula Yusuf Patel
2. Mr. Adil Yusuf Patel,
Both residents of A-1, Hashmi, Ground Floor, 24, Motlibai Street, Agripada, Mumbai 400 008.
SLPs (C) Nos. 35402 and 35324 of 2011
M/s. B.Y. Builders Pvt. Ltd., Plot No. 211, Dalamal Towers, Basement, Nariman Point, Mumbai 400 021.
The aforesaid builders/developers are ordered to be impleaded as parties to the proceedings of the special leave petitions. Let notice be issued to the builders/developers, the details of whom have been mentioned hereinabove, for 23-4-2012. The notice be given dasti as well.
It shall be the petitioners’ duty to serve the builders/developers before the next date of hearing failing which the special leave petitions shall stand automatically dismissed.
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