MEGH RATAN Vs. RUSHABH RIKHAV

JUDGEMENT

(1.) Heard for ad interim relief.

(2.) By this motion, the plaintiffs seek several reliefs such as-(a) a mandatory order of injunction, directing the defendant No. 1 to convey the suit land bearing Survey Nos. 256 and 257 and C.T.S. No. 5244 to 5256 of village Ghatkopar-Kirol, Tal. Kurla, Dist. Mumbai (for short the suit land); (b) the order of injunction, restraining the defendant Nos. 1 to 3 from acting upon the conveyance dated 21st of June, 2006 and/or development agreement dated 8th June, 2004; (c) direction to the defendant No. 4 Municipal Corporation to revoke and cancel the plans sanctioned including one sanctioned on 10th of April, 2007 and to cancel and revoke the permission granting TDR to be used by the defendants Nos. 1, 2 and 3 etc., and injunction to the defendants Nos. 1 to 3 from carrying on any illegal construction; (d) restraining the defendants from removing existing underground water tank and pump room, meant to be used as a common area and facility by the members of the plaintiffs society; (e) a mandatory order of injunction to restore the water pipeline as originally provided; (f) not to interfere with the peaceful use and enjoyment of free access by the members of the plaintiffs to their flats; (g) to restrain the defendants from cutting or allowing to cut various trees; (h) appointment of the receiver and (i) appointment of the Court Commissioner.

(3.) Defendant No. 1 was an owner of the suit land. As an owner as well as builder and promoter, he decided to develop the suit land. Part of the old structures were demolished and the part of the structure are yet to be demolished. The development was proposed to be made in stages. The building plans were initially sanctioned in the year 1978. A copy of the sanctioned building plan is produced at Exh. 'I' to the plaint. The plans were modified on 26th of August, 1987 and the copy of the modified plan is at Exh. 'J' to the plaint. There are some further modifications made in the plans to which I would have an occasion to refer a little later.