Final Order 1

Order Details: Miscellaneous appeal
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISC. APPLICATION NO. 22 OF 2020
Slum Rehabilitation Authority ].. Applicants.
V/s.
Pratapsinh Shoorji Vallabhdas ]
(since deceased) through legal ]
heirs 1(a) Aditya Pratapsinh ]
Shoorji and others ]..Respondents
Advocates Mr. Trivedi for SRA/Applicant.
Advocate Mr. Vivek Kakade for Respondent No.1(a).
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 19th JULY 2022
ORAL ORDER
Read the application and say filed by the other party. The
applicant who is SRA filed application under section 19(2) of
Maharashtra Slum (Improvement, Clearance and Redevelopment) Act
1971 by virtue of Section 14 of the Slum Act applicants are empowered
to acquire a plot of land for improving or redevelopment of slum area
and compensation is required to be given. If the land owner of the slum
do not collect the compensation awarded for acquisition of any slum
land in such case the applicants are required to approach this Court as
per Sub Section 2 of Section 19 of the Slum Act. After repeated notice
the respondents failed to received compensation, therefore, the
applicant constrained to file this application to deposit the amount in
the Court.
-- 1 of 4 --
2
2. The respondents appeared and filed their say and
submitted that the respondent filed writ petition in the Hon’ble Bombay
High Court for challenging the final Notification dated 25.05.2016 and
thereafter, they decided to withdraw the Writ Petition and accept the
Final Notification dated 25.05.2016. The Affidavit-Cum-Undertaking
dated 14.03.2019 was filed by the Society (i.e. Respondent No.8). The
said Writ Petition was withdrawn by Order dated 15.03.2019. Till date
neither any fresh award has been passed by the applicant nor any notice
for enabling the applicant to deposit the compensation served upon the
respondents.
3. Now, the respondents are ready to accept the compensation
amount and also accept the compensation as per order dated
07.07.2017 and he submitted that the amount of compensation be
deposited in the account of Matrix West management Pvt. Ltd. by way
of cheque or RTGS and pray for directing to withdraw the application.
4. Perused the application and documents. It appears that the
applicant issued notice on 07.05.2014 and thereafter Notice published
dated 04.03.2014 to decide the compensation amount and thereafter
29.11.2016. It appears that the applicant informed the respondents to
accept the amount as per the award.
5. The learned advocate appearing on behalf of applicant
submits that the applicant made sufficient efforts to pay the amount of
compensation to the respondents. Therefore, there is no alternative, but
to file application under section 19 (2) of Slum Act. It appears that the
applicant has made efforts to pay the compensation to respondents.
-- 2 of 4 --
3
Now applicant is ready to deposit amount in the Court as per the
section 19 (2) of Slum Act.
6. The applicant is ready to deposit the compensation amount
and the respondent accepted the award and compensation, therefore,
for the interest the justice, it will better to allow the application and
directed the applicant to deposit compensation amount as per award to
the respondent in the court. Hence, I pass the following order.
ORDER
1. Misc. Application No.22 of 2020 is hereby allowed.
2. No order as to costs.
3. Applicant is directed to deposit the compensation
amount as per award dated 07.07.2017.
4. The respondents are at liberty to withdraw the
amount as per terms and conditions in the award as
per their share.
5. Misc. Application No.22 of 2020 stands disposed
of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 19/07/2022 Gr. Bombay.
Dictated on : 19/07/2022
Transcribed on : 19/07/2022
Signed on : 19/07/2022
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/07/2022 At 11.50 a.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
19/07/2022
Judgment/Order signed by P.O. on 19/07/2022
Judgment/Order uploaded on 22/07/2022
-- 4 of 4 --