LAWS(BOM)-2019-9-69

SAMRUDDHI DEVELOPERS Vs. KIRAN VASANT VEREKAR

Decided On September 17, 2019
Samruddhi Developers Appellant
V/S
Kiran Vasant Verekar Respondents

JUDGEMENT

(1.) By these five appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short the said RERA), the appellant (original respondent) has impugned the order dated 29th August 2018 passed by the Maharashtra Real Estate Appellate Tribunal, Mumbai (hereinafter referred to as "the said Tribunal") allowing the appeals filed by the respondents (original appellants/ complainants). By consent of parties, all the appeals were heard together and are being disposed of by a common order.

(2.) The facts in all aforesaid five appeals are identical. Learned counsel for the parties have addressed this Court in Second Appeal (St.) No.27914 of 2018. The facts in the said second appeal are thus summarised in later part of this judgment. Some of the relevant facts for the purpose of deciding these appeals are under :-

(3.) One Nehru Nagar Amrapali Co.op. Hsg. Soc. Ltd. (hereinafter referred to as "the said society") is lessee of MHADA in respect of the land bearing Survey Nos.229 and 267, corresponding to City Survey No.2(Part) of Village Kurla, admeasuring 707.30 sq.mtrs. situated at Nehru Nagar, Kurla (East), Mumbai 400 024 and owner of the building bearing Building No.133 standing on the said property. The old building No.133 has been demolished and a new building consisting of 7 floors has been constructed on the said property.