LAWS(BOM)-2023-8-106

SUSHILA GORDHANDAS PARIKH Vs. STATE OF MAHARASHTRA

Decided On August 07, 2023
Sushila Gordhandas Parikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petition is the by now familiar story of distress to several dozen individual residents, some of them senior citizens, all subjected to enormous hardship in the course of what was supposed to be a quick redevelopment of a cessed building.

(2.) There are altogether before us 65 Petitioners. The 4th Respondent, Parekh Constructions was the original Developer appointed by 8th Respondent, Darshana, the owner of one of the two properties. The 6th Respondent, Nishcon Realty Private Limited ("Nishcon Realty") then came into join Parekh Constructions and they apparently formed the 5th Respondent, Parekh Constructions LLP. The 7th Respondent is one of the partners. The 9th Respondent is a Public Charitable Trust and owns an abutting plot. The 2nd Respondent is the Maharashtra Housing and Area Development Authority ("MHADA").

(3.) Between Parekh Constructions and Nishcon Realty there are the predictable disputes. These may be in arbitration. We have no concern with these. Ms Jagtap for MHADA tells us that at no point was MHADA ever informed of Nishcon's involvement.