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G. S. PATEL, KAMAL KHATA
Sonali Ashok Tandle – Appellant
Versus
Ranka Lifestyle Ventures – Respondent
JUDGMENT :
1. We have before us a Writ Petition and two separate Show Cause Notices Nos. 5 and 6 of 2023 in that Writ Petition.
2. The prayers in the Writ Petition must first be seen even though we are not disposing of the Writ Petition today. The relevant prayer clauses are (a), (b), (c), (d), (e), (f ) and, after an amendment, prayer clause (ff). They read thus:
(B) That, this Hon’ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction and order thereby directing the Respondent Developer to enter into permanent alternate accommodation agreement with the Petitioner for carpet area of 471 sq. ft. In Monalisa Paradise or Monalisa Residency and to allot the possession of the said premises in favour of the Petitioner within such time that this Hon’ble Cour
The court reaffirmed the binding nature of a valid settlement in property disputes, emphasizing that claims of fraud must be substantiated to alter enforceable agreements.
The developers' readiness and willingness to allot permanent alternate accommodation and the restriction of liability for transit rent till the date of issuance of the part Occupancy Certificate were....
The court ruled that disputed questions of fact regarding land area and project delays are not suitable for Writ jurisdiction, emphasizing the need for timely completion of slum rehabilitation projec....
The court established that tenants cannot be penalized for a developer's non-compliance with statutory obligations, emphasizing the need for authorities to enforce compliance against developers.
The principle of estoppel applies in cases where a party relies on a promise or representation made by another party, particularly in the context of rehabilitation and eviction under slum development....
The main legal point established in the judgment is the obligation of parties to comply with court directions and the serious consequences for non-compliance.
The Competent Authority must ensure a fair and transparent process, including giving proper opportunities to all concerned parties and thoroughly considering disputed entitlements, before granting de....
The court established that unauthorized constructions lacking necessary permissions are illegal, and parties claiming rights through such constructions cannot assert legal entitlements, especially wh....
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