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:

“(A) 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/order thereby quashing and setting aside the order passed by the Chief Officer M.B.R. & R. board, Mumbai of MHADA dated 13th October 2022, bearing order no. R/NOC/Order/F-2406/7863 MBRRB-2022 (Exhibit S).

(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 Court may deem fit.

(C) 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 Developer to allot car parking space number and handover the parking space to which the Petitioner is entitled to the Petitioner along with the possession of the said tenement.

(D) 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 Developer to allot list of amenities as per the amenity list annexed with PAAA registered with other tenants.

(E) 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 Respondents to pay to the Petitioner the arrears of rent amount, amounting to Res. 1,66,320/- and interest of Rs. 4568/- there upon to the Petitioner as per the Consent Terms entered into before this Hon’ble Court dated 25th May 2018, which were approved by this Hon’ble Court (Coram: Shri Kathawala and Shri A.S. Gadkari JJ) (Exhibit D).

(F) 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 Municipal Corporation that, no occupancy certificate be granted in favour of the Respondent Developer in respect of the sale component of Monalisa Paradise and Monalisa Residency, until permanent accommodation agreement is entered between the Respondent No. 1 and the Petitioner and the possession of the premises of the tenement admeasuring 471 sq.ft carpet and car parking space is given to the Petitioner herein.

(FF) That this Hon’ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction or order thereby quashing aside the Occupation Certificate granted to the Respondent No. 1 bearing no. (CHE/CTY/1385/F/S/337 (new)/OCC/1/new), dated 26th December 2022, in favour of the Respondent No. 1 (Exhibit-AA).”

The remaining prayers are for interim reliefs.

3. Mr. Bhargude appears for the Petitioner. He has instructions from Vikrant Ashok Tandale who is the son of the Petitioner and holds a Power of Attorney.

4. The 1st Respondent is Ranka Lifestyle Ventures (“Ranka Lifestyle”) through its sole proprietor one Bhavesh Jain. The 2nd Respondent is the owner or landlord of the plot in question. Respondents Nos. 3 to 5 are agencies of Maharashtra Housing and Area Development Authority (“MHADA”). Respondents Nos. 6 and 7 are various departments of the Municipal Corporation of Greater Mumbai (“MCGM”).

5. The challenge in the order, as is evident from the prayers, is to an order passed by the Chief Off