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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.2285 OF 2021

IN

WRIT PETITION (LODGING) NO.5332 OF 2020

Nirman Realtors & Developers Ltd.

… Applicant

In the matter between

Taslim Bano Vasim Khan & Ors.

… Petitioners

Vs.

Slum Rehabilitation Authority & Ors.

… Respondents

Mr.Anuj Narula i/b M/s.Jhangiani & Associates for the Applicant.

Mr.Altaf Khan for the Petitioners.

Mr.Anoop Patil with Mr.Shashank Shubham for Respondent Nos.1 and 2.

Mr.Abhay Patki, Addl.GP for Respondent-State.

Mr.Nitesh Acharya for Respondent No.4.

CORAM: UJJAL BHUYAN AND

MADHAV JAMDAR, JJ.

DATE : 5TH OCTOBER, 2021.

P.C:-

Heard learned Counsel for the parties.

2.

This Interim Application has been filed by Applicant/Original

Respondent No.3 – Developer praying for the following reliefs :

“(a) That time to deposit the balance sum of Rs.1.50 crores out of the

ordered sum of Rs.2 crores in the registry of this Hon’ble Court be

extended by 2 months from the date of the order thereon.

The order corrected pursuant to speaking to minutes order dated 21.10.2021

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(b) That upon the deposit of Rs.2 crores by Applicants the order

appointing Court Receiver for taking over the present scheme by

cancellation of the appointment of Respondent No.3 as per clause (a)

of the operative part of order dated 24th August, 2021, be vacated and

set aside.

(c) Pending the hearing and final disposal of the present Application,

this Hon’ble Court be pleased to stay the execution and

implementation of the order dated 24th August, 2021.”

3.

On 24.08.2021 this Court heard the matter at considerable length.

4.

Writ Petition is for a direction to Respondent No.3 for payment of

arrears of transit rent. In paragraph 6 of the order dated 24.08.2021 this

Court noted the conduct of Respondent No.3 in the following terms :-

“6. We heard both the sides at length. It is to be noted that inthe

present proceedings as per the contention of the petitioner more than

two crores rupees were due and payable by respondent No.3 towards

rental charges. Not only that, this Court by an order dated 20th

January, 2021 and 17th February, 2021 granted concession to

respondent No.3 to clear the arrears of rental compensation but he

failed and neglected to do so. Not only that,4 of 6 today also, learned

Counsel appearing on behalf of respondent No.3 after taking

instructions from his client submits that they require more than six

months to clear the said arrears. This itself shows that there is no

intention on the part of respondent No.3 to clear the petitioners’

arrears of rental compensation. Therefore, it is necessary in the

interest of justice to appoint Court Receiver for taking over the

The order corrected pursuant to speaking to minutes order dated 21.10.2021

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present re-development from respondent No.3 and recover the

petitioners’ arrears of rental compensation and complete the said

development according to law. It is made clear that the Court

Receiver can appoint some other developer to complete the said

development in the interest of the petitioners and similarly affected

persons.”

5.

Thereafter the following order came to be passed :-

“(a) Interim relief in terms of prayer clause (B) of the Petition which

reads thus :

(B) That this Hon’ble Court exercising powers under Article

226 and 227 of the Constitution of India, 1950, be pleased to

appoint Court Receiver for taking over the present Scheme,by

cancelling appointment of Respondent –Developer as

Developer, so as to complete the present S.R. Scheme, through

some competent Developer, by paying outstanding transit rent

to the 62 Petitioners [and other eligible slum dwellers, as per

their entitlement].

(b) It is made clear that Court Receiver to act upon the present order

after on