2023:BHC-OS:15035 wp.103.2020 HARSHADA SAWANT ( P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 103 of 2020 Gemini Developers (Through its authorized representative Mr. Deep Malhotra) ..Petitioner Versus State of Maharashtra & Ors. ..Respondents .................…

 Mr. Anoshak Daver a/w. Ms. Deepa Pahuja i./by J Law Associates, Advocates for Petitioner.

 Mr. Manish Upadhye, AGP for Respondent No.1 – State of Maharashtra.

 Mr. Jagdish G. Aradwad (Reddy), Advocate for Respondent No.2 –

Apex Grievance Redressal Committee (AGRC).

 Mr. Vijay Singh i./by Desai Legal, Advocate for Respondent Nos.3 to

5 – Slum Rehabilitation Authority (SRA).

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CORAM :MILIND N. JADHAV, J.

DATE : DECEMBER 15, 2023 JUDGMENT:

1. This Writ Petition is filed under the provisions of Articles 226 and 227 of the Constitution of India seeking to partially challenge order dated 28.06.2019 passed by the Respondent No.2 i.e. Apex Grievance Redressal Committee (for short “AGRC”) in Appeal No.09 of 2015 directing the Petitioner to pay an additional 5% of the land cost as per the annual schedule of rates on account of there being a change in the Developer and in consonance with Slum Rehabilitation Authority (for short “SRA”) office order dated 23.03.2015.

2. By consent of all parties, hearing of this Writ Petition is taken up finally, considering that completion of redevelopment of the subject slum rehabilitation project has been stalled in the meanwhile.

3. Such of the relevant facts necessary for adjudication of the present lis are briefly outlined herein under:-

3.1. Petitioner i.e. M/s. Gemini Developers are owners and Developers of private property bearing CTS Nos. 88, 89, 90 of Village Kolekalyan, Santacruz (East), Mumbai – 400 055 (for short “the said property”) which has been declared as ‘Slum’ under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short “the said Act”). The said property has 172 eligible slum dwellers entitled for rehabilitation. In the year 2003, M/s. Gemini Developers, a sole proprietorship concern of one Mr. Ramesh Malhotra, predecessor of the present Petitioner was appointed as Developer by Respondent No.6 – Society. Between the years 2006 and 2016, series of developments took place whereby ultimately all eligible slum dwellers were either accommodated in the transit accommodation on the said property itself or they accepted transit rent and moved out. Some of the non-cooperative slum dwellers filed proceedings before the Respondent No.4 - Competent Authority which were also disposed. In the year 2015, Writ Petition (L) No.2387 of 2015 was filed by Respondent No.6 - Society in this Court, seeking a stay on the election result confirming the Petitioner as Developer and the same was also disposed on 26.08.2015. Finally, Respondent No.6 - Society represented by some members from the non co-operative and non-vacating 22 tenements, a miniscule minority, filed Appeal No.09 of 2015 before the High Power Committee (now AGRC) challenging the order dated 20.08.2015 passed by Respondent No.3 – Chief Executive Office, Slum Rehabilitation Authority (for short “CEO, SRA”).

3.2. The Petitioner, at the then time was the sole proprietorship concern of one Mr. Ramesh Malhotra. He expired on 08.03.2016, leaving behind his Will dated 18.02.2014 bequeathing the subject slum rehabilitation project undertaken by the proprietory concern in favour of his wife and son. Immediately before his demise, Mr. Ramesh Malhotra formed a partnership firm in the same name i.e. M/s Gemini Developers and converted the original proprietorship concern into a partnership firm by inducting his wife and son (his legal heirs) as the two other partners alongwith him. The reason for doing so was because at the then time in the year 2015-2016, Mr. Ramesh Malhotra suffered from cardiac arrest and renal failure and in order to ensure that the subject slum rehabilitation project was continu