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2023 Supreme(Bom) 63
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.V. GANGAPURWALA, SANDEEP V. MARNE, JJ.
Classique Associates & Ors. - Applicants
Versus
The State of Maharashtra & Ors. - Respondents
Interim Application No. 10155 of 2022 and Interim Application No. 10110 of 2022 With Public Interest Litigation No. 91 of 2008 With Notice of Motion No. 437 of 2011 And Notice of Motion No. 441 of 2011 With Public Interest Litigation No. 21 of 2010 With Notice of Motion No. 442 of 2021 With Civil Application No. 37 of 2017 With Civil Application No. 10 of 2010 With Civil Application No. 152 of 2011 With Civil Application No. 153 of 2011 With Civil Application No. 36 of 2017 In Public Interest Litigation No. 131 of 2008
Decided On : 11-01-2023
For the Applicant :Dr. Milind Sathe, Senior Advocate a/w. Mr. Chetan Kapadia, Ms. Vidisha Rohira, Mr. Parag Kabadi and Ms. Falguni Thakkar i/b. DSK Legal, Mr. Mihir Joshi, Mr. Ramdas Shelke i/b. Mr. S.G. Deshmukh.
For the Respondent: Mr. P.P. Kakade, GP a/w. Mr. M.M. Pabale, AGP, Mr. Akshay Shinde for MMRDA, Mr. Latika Kabad i/b. Mr. Rohit Joshi, Mr. Akshay Shinde ‘B’ Panel Counsel a/w. Mr. P.P. Kakade, GP and Ms. Nisha Mehra, AGP, Mr. Kedar Dighe, AGP.
Headnote:
Real Estate (Regulation and Development) Act, 2016 – Regent Hill – Public Interest – Seeking compliance – Metropolitan Region Development Authority – These three Public Interest Litigations involve issue of development of vast lands at Powai in Mumbai known as “Powai Area Development Scheme” (for short PADS) – Constructions put up by developer on these lands under PADS have been challenged in these three Public Interest Litigations praying inter alia for institution of inquiry in respect of Tripartite Agreement executed between State of Maharashtra, Mumbai Metropolitan Region Development Authority (MMRDA) and developers – Held, Court has already granted prayer clause of Interim Application – Court are inclined to grant prayer Interim Application - Joint account held in names of Applicants and Prothonotary and Senior Master of this court into bank account maintainable by applicants in accordance with provision of Real Estate (Regulation and Development) Act, 2016 in respect of building ‘Regent Hill’ to be utilised for purpose of construction of building – Prayer is also made to deposit considerations received by developers/applicants from sale of balance flats into their bank accounts – Now that interim orders of this court are already satisfied by developer/applicants, sale proceeds deposited as per interim order lying joint accounts can be permitted to be withdrawn by applicants – Thus Interim Application can also be disposed of permitting withdrawal of such amounts – Ordered Accordingly.
JUDGMENT :
Sandeep V. Marne, J.
1. These three Public Interest Litigations involve the issue of development of vast lands at Powai in Mumbai known as “Powai Area Development Scheme” (for short PADS). The constructions put up by the developer on these lands under PADS have been challenged in these three Public Interest Litigations praying inter alia for institution of inquiry in respect of Tripartite Agreement dated 19 November 1986 executed between State of Maharashtra, Mumbai Metropolitan Region Development Authority (MMRDA) and the developers.
2. Extensive interim order dated 22 February 2012 came to be passed in the present Public Interest Litigations holding that there was breach and non-compliance of the Tripartite Agreement by the developers. This court therefore proceeded to pass the following directions :
(a) The petitioners and the developer as also the Metropolitan Commissioner of the MMRDA shall prepare a statement of all the buildings and structures put up by the developer in the Powai ADS alongside their names and description and the numbers and area of the units/flats therein within 4 weeks from today.
(b) The petitioners, the developer and the Metropolitan Commissioner of the MMRDA shall prepare a plan showing the vacant areas of the plot under the Powai ADS, where further buildings may be constructed, within 4 weeks from today.
(c) If the parties are unable to work jointly they would be entitled to work individually in terms of (a) and (b) above.
(d) The developer shall not put up any further construction of whatsoever nature on the remainder of the plot under the Powai ADS before specifying the vacant lands and the buildings that can be constructed thereupon as per the statement and plan mentioned in clauses (a) and (b) above and shown to Court.
(e) The developer shall be entitled to commence any further construction only after obtaining the specific permission of this Court in that behalf and subject to the sanctioned plans of the MMC.
(f) Such construction shall be only of 1511 flats of 40 sq.mtrs 1593 flats of 80 sq.mtrs without any amalgamation, exception, or further allowance.
(g) No two flats shall be sold to the same person or any member of her/his family, being her/his spouse and children.
(h) The developer shall sell to the State Government from such construction such of the flats or units as would represent 15% of the total FSI of the total plot consumed under the development @ Rs.135/-per sq.ft. And the State Government shall offer those flats to be purchased by the employees of the State Government at the aforesaid rate in a transparent manner.
(i) After constructing and showing the Court the total number of units or flats constructed for residential purpose as initially required under the Powai ADS and after offering to sell the flats as directed in clause (h) above, the developer shall submit a report of such construction and sale to Court with a copy to the Petitioners in all the above Petitions, the MMRDA, the State Government and the MMC.
(j) The Developer shall thereafter be entitled to put any further construction as per law.
(k) The compensation for the breaches of the tripartite agreement claimed by the MMRDA shall be determined in the appropriate forum.
(l) The petitioners may file any private criminal complaint for any offence committed by the developer or any of the public officers of MMRDA or the State Government in the appropriate Court.
(m) All the writ petitions shall stand over to 29th March 2012 for placing on record the statement and plan as directed in clauses (a) and (b).
3. Thus under the interim order dated 22 February 2012, this court directed the developers/applicants to complete construction of 1511 flats of 40 sq.mtrs, 1593 flats of 80 sq.mtrs and to sell to the State Government such of the flats or units as would represent 15% of the total FSI of the total plot consumed under the dev
