SAMIR NARAIN BHOJWANI Vs. AURORA PROPERTIES & INVESTMENTS

JUDGEMENT

(1.) This appeal is directed against the impugned order passed by learned Single Judge of this Court in Notice of Motion No.147/2013 dated 9th October, 2017. The parties have presented synopsis of relevant dates and events.

(2.) On 6th October, 1996 by development agreement made between Andheri Kamgar Nagar Cooperative Housing Society Ltd. ("Society") of the one part and respondent no.1M/s. Aurora Properties and Investments of the other part, the said Society appointed respondent no.1 as developer of the property situated at Versova Link Road, Taluka Andheri as described in detail in the plaint. A Lease Deed dated 31st March, 1993 was executed in respect of 9402 sq. meters with obligation to construct 243 tenements and 40 tenements for Project Affected Persons free of charge and to develop and dispose of balance F.S.I. as per terms set out in the Development Agreement dated 6th October, 1996. On 22nd September, 1999 by an agreement for subdevelopment made between respondent no.1 and respondent no.2 hereinBombay Slum Redevelopment Corporation Ltd. (hereinafter referred to as "BSRC Ltd." for short), the respondent no.1 with the consent of Society transferred benefits of development rights in respect of said property under the development agreement dated 6th October, 1996 with the said Society with an obligation to construct buildings consisting of 240 tenements and also construct buildings by utilising F.S.I. after deducting 15000 sq. feet area retained by the respondent no.1 as set out in the agreement.

(3.) By an agreement dated 10th March, 2003 respondent no.2 and appellant entered into an agreement for development which was registered in the SubRegistrar's office. Under the said agreement the respondent no.2 herein confirmed that the appellant herein will be entitled to 55% of the total area available for free sale buildings, car parkings and respondent no.2 will be entitled to 45% of the total area available for construction of free sale buildings, car parking under the SRA scheme. Earlier the agreements were executed between the parties keeping in view SRD scheme but later on under the subsequent agreements the parties converted the scheme under SRA.