NEW PRAGATI WELFARE SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By an order of 13/6/2023, we required a deposit to be made of Rs.2.5 crores by the Developer. We noted in our order of 16/6/2023 that this had been done.

(2.) There is a dispute between the Petitioners and the Developers as to the amount of transit rent and, consequently the exact amount of arrears of transit rent that are due to the Petitioners. The dispute arises broadly this way. The Petitioners do not represent all the occupants/tenants on site. There is more than one society but the members of these societies are what are referred to in some of these papers as the "minority members". The reason for this terminology will become apparent a little later. There were the usual Development Agreement ("DA") and Permanent Alternate Accommodation Agreements ("PAAA") which provided for a certain amount of about Rs.11,000.00 per month (also disputed) per certified tenant if the construction was completed within the stipulated time. This was then increased to Rs.12,000.00 per month (the figure is also disputed).

(3.) Then, according to the Petitioner societies, there was a provision for an escalation of 10% per year for delay and this brought the amount to, it is contended, Rs.28,000.00 per month.