Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 1479-1480 OF 2016
[@ SPECIAL LEAVE PETITION (C) NOS. 4523-4524 OF 2016]
MAHENDRA BHIMRAO KHARAT AND ORS. Appellant(s)
VERSUS
MAHARASHTRA HOUSING AND AREA DEVELOPMENT
AUTHORITY AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Issue notice. Mr. Mohit D. Ram, learned counsel,
waives notice on behalf of Respondent No. 4.
2. Leave granted.
JUDGMENT
3. The appellants have mainly three apprehensions
viz. i) with regard to the area that will be allotted
to them after the construction; ii) with regard to
the Agreement to be executed regarding the allotment
before they vacate; and iii) the formation of the
Cooperative Society.
4. The learned counsel for the respondents submits
that the agreements have already been executed with
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the parties and what remains is only the formal
registration thereof.
5. We direct the respondents to get the agreements
registered within two weeks from today. In case, the
agreements have not been executed with any of the
parties, we make it clear that within that period,
the agreements shall be got executed and registered.
We record the statement that the process of execution
and registration of the agreements will be
facilitated by the appellants for the implementation
of the time bound direction as above.
6. On the area to be allotted, the learned counsel
for the respondents submits that each of them will be
allotted carpet area of not less than 450 sq. ft.
The above submission is recorded.
JUDGMENT
7. As far as the third apprehension regarding the
formation of the Cooperative Society is concerned,
the learned counsel for the respondents submits that
there is a provision in the Agreement itself that the
Cooperative Society would be formed before the
Occupancy Certificate is applied for. We direct the
respondents to get the Cooperative Society formed and
registered positively within six months from today.
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8. We also record the undertaking of the appellants
that they will vacate the premises within three weeks
from today positively.
9. In view of the above, no further directions in
these appeals are required. The appeals are disposed
of with no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 16, 2016.
JUDGMENT
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