SABHAJIT RAMYASH YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is one more case where the Developers despite collecting an approximate amount of Rs.178.00 Crores from the innocent flat purchasers, have not provided to them a single flat till date. Though the tenants have obtained Recovery Certificates from the Maharashtra Real Estate Regulatory Authority, Mumbai ( 'RERA ') for refund of the sale consideration, due to delay of several years in constructing their flats, the developers have the temerity to state before this Court by themselves and also through their Advocates that "We have nothing to offer to the flat purchasers. ". In any event in view of the completely dishonest conduct of the developers, we cannot trust any of their subsequent statements/promises/ undertakings given to the Court and we proceed to pass an interim order in the above proceedings.

(2.) As the above Writ Petitions arise out of common set of facts and seek similar reliefs, we considered it desirable to hear all these Petitions together.

(3.) By the above Writ Petitions, the Petitioners have prayed for a writ in the nature of mandamus or any other appropriate writ or a direction against the Collector, Mumbai and the Tahsildar, Mumbai respectively, mandating them to comply with and execute the Recovery Certificates issued by the Maharashtra Real Estate Regulatory Authority, Mumbai ( "RERA ") against the Developer - M/s. Reliance Enterprise and in favour of the Petitioners. The Petitioners in the above Writ Petitions have also sought ad-interim/interim reliefs against the Developer, which reliefs are sought in aid of the final reliefs.