SATYAM DEVELOPERS Vs. DEEPAK VIRWANI & ORS.

JUDGEMENT

(1.) Called for ad-interim reliefs.

(2.) This IA seeks directions to defendant no.3 to disclose on oath approvals, permissions and sanctions on the basis of which it is carrying on construction on a plot of land described in Exhibit-E to the IA; as also agreements, arrangements, deeds and documents entered into by defendant no.3 with its transferees, assignees, nominees or flat purchasers in respect of the construction being carried out on the aforesaid plot of land. It also seeks an injunction restraining the defendant no.3 and its servants and agents from acting upon sanctioned construction plans without providing for a right of way contemplated in clause 2(ix) of the consent terms dated 11 th February 2015 and a restraint against construction being carried out by defendant no.3 without amending the sanctioned plan in a manner such that the right of way is provided.

(3.) The applicant also seeks a mandatory order of demolition of temporary structure(s) on the plot, which, according to the applicant, obstructs the existing pathway depicted on a rough sketch reproduced at Exhibit-F to the IA; to remove the materials and debris lying on the said pathway and to enable ingress and egress of the applicant through the said pathway. A further direction is sought against the defendant no.3 to disclose the right of way as an encumbrance in the records of the Maharashtra Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act , 2016 in such a manner that the effect of the consent terms so recorded takes place. Lastly, it seeks appointment of Court Receiver, High Court, Bombay as Receiver of the suit structure to facilitate demolition of the portion of the suit structure and to ensure compliance with the consent decree.