Tanishq Builders vs. Maharashtra Housing And Area Development Authority, Mumbai

Civil Appeal No(s).3489/2012 TCI INDUSTRIES LTD. SECUNDRABAD Appellant(s) VERSUS MUN.CORP.OF GR.BOMBAY AND ORS. Respondent(s) SLP(C) No. 1328-1329/2015 (IX) (WITH IA No.87675/2017-APPROPRIATE ORDERS/DIRECTIONS and IA No.31625/2018-CLARIFICATION/DIRECTION) Date : 07-03-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Ankur Saigal, Adv. Mr. Raghav Dwivedi, Adv. Ms. Aastha Mehta, adv. Ms. Tanvi Manchanda, Adv. Mr. Anand Varma, AOR Ms. Devanshi Singh, Adv. Ms. Manpreet Kaur, Adv. Ms. Shubhanghi Jain, Adv. Mr. E. C. Agrawala, AOR Mr. A.K. Sanghi, Sr. Adv. Ms. Alka Agrawal, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Sarad Kumar Singhania, Adv. Mr. S.Sukumaran, Adv. Mr. Anand Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR Mr. B. V. Balaram Das, AOR

Mr. Kunal Cheema, Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR

ITEM NO.15 COURT NO.4 SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

WITH

For Respondent(s) Mr. P.S. Narsimha, ASG

Digitally signed by MEENAKSHI KOHLI Date: 2018.03.08 17:10:40 IST Reason: Signature Not Verified Mr. Atul Babasaheb Dakh, AOR Mr. Braj Kishore Mishra, AOR Mr. Sanjay Kharde, Adv. Mr. Samrat Shinde, Adv. Mr. Sunil Kumar Verma, AOR Mr. Kush Chaturvedi, Adv. Mr. Somay Kapoor, Adv.

UPON hearing the counsel the Court made the following O R D E R

SLP(C) No. 1328-1329/2015

S.S.V. Developers and Builders has filed an application to the effect that payment has been made to slum dwellers, i.e., Respondent Nos.9 and 10.

Learned counsel appearing on behalf of Respondent Nos.9 and 10 confirms that cheques have been issued for payment. Some of the cheques are post-dated. Learned counsel for S.S.V. Developers and Builders says that the cheques will be honoured and if any further payments are required to be made, they shall also be made. S.S.V. Developers and Builders is bound by the statement made by its learned counsel.

Learned counsel for S.S.V. Developers and Builders has also drawn our attention to a letter dated 11th April, 2016 issued by the Slum Rehabilitation Authority. The letter reads as follows:

"No.SRA/ENG/Desk-1/45/600 Date: 11.04.2016

Developer:M/s. S.S.V. Developers & Builders, 54, Mhatrepen Indl. Est., Dadar(W),

2

Mumbai – 400028.

Architect:M/s. Hemant Parikh & Associates, 703,704, Krushal Commercial Tower, G.M. Road, Nr. Amar Mahal Jn., Chembur (W), Mumbai – 400089.

Sub: S.R. Scheme on C.S. No.208(pt) & 209(pt) of Worli Division.

For Mahakalinagar Rahivashi SRA Sahakari CHS

Ref: Your letter dtd.04.03.2014. Sirs,

Reference is requested to above S.R. Scheme undertaken by you, wherein you have requested to withdraw the Stop Work Notice issued by SRA, on the basis of the Guidelines issued by (Ministry of Defense) Government of India, on 18.03.2015.

It is to inform that as per the directions of CEO/SRA the stop work Notice issued to the scheme will be revoked only after the withdrawal of Status-quo order issued by Hon' Supreme Court dtd.09.01.2015 in the Special Leave Petition(C) No.1328,1329 of 2015 pending before Hon' Supreme Court of India.

Yours

Executive Engineer (City) Slum Rehabilitation Authority"

Learned counsel for the petitioner says that in view of the letter, he would like to withdrawn these petitions and approach the Slum Rehabilitation Authority for appropriate relief.

The special leave petitions are dismissed as withdrawn.

Pending applications are disposed of.

Civil Appeal No(s).3489/2012

List the appeal in the month of July, 2018.

AR-CUM-PS COURT MASTER

(SANJAY KUMAR-I) (KAILASH CHANDER)