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Esha Ekta Apartments... v. Municipal Corporatio...
Factual and Procedural Background
In compliance with the Court’s earlier order dated 29-2-2012 (reported as (2012) 4 SCC 689), the petitioners stated that Writ Petition No. 6550 of 2010—filed by them before the Bombay High Court seeking a writ of mandamus for regularisation of construction—was pending. The Court considered the matter in light of the observations in its 29-2-2012 order and proceeded to pass directions relating to transfer of that writ petition, transmission of records, and impleadment and service of certain builders/developers in the pending special leave petition proceedings.
Legal Issues Presented
- Whether Writ Petition No. 6550 of 2010 pending before the Bombay High Court should be transferred to the Supreme Court suo motu in view of the Court’s observations in its order dated 29-2-2012.
- Whether specified builders/developers should be impleaded as parties to the special leave petition proceedings and be issued notice, with service obligations placed on the petitioners.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Order dated 29-2-2012 ((2012) 4 SCC 689) | The Court’s prior observations/directions relevant to the pending writ petition and the present proceedings. | The Court relied on the observations in the 29-2-2012 order to consider it appropriate to transfer Writ Petition No. 6550 of 2010 from the Bombay High Court to the Supreme Court suo motu. |
Court's Reasoning and Analysis
The Court noted the petitioners’ disclosure, made in compliance with its earlier order dated 29-2-2012, that a writ petition seeking regularisation of construction was pending before the Bombay High Court. Keeping in view the observations in the 29-2-2012 order, the Court considered it appropriate to order suo motu transfer of the writ petition to itself and directed its Registry to seek transmission of the writ record from the Bombay High Court. The Court also recorded that counsel furnished details of builders/developers from whom society members allegedly purchased flats, and, based on those furnished details, directed that the identified builders/developers be impleaded as parties and be issued notice for a specified date, with dasti service permitted. The Court further imposed a service obligation on the petitioners, providing for automatic dismissal of the special leave petitions upon non-service by the next date.
Holding and Implications
TRANSFER ORDERED; IMPLEADMENT AND NOTICE DIRECTED; SERVICE CONDITION IMPOSED.
The Court ordered the suo motu transfer of Writ Petition No. 6550 of 2010 from the Bombay High Court to the Supreme Court and directed the Supreme Court Registry to communicate with the Bombay High Court Registry for transmission of records. It ordered certain builders/developers to be impleaded as parties to the special leave petition proceedings and directed issuance of notice to them for 23-4-2012 (with dasti service). The petitioners were made responsible for effecting service on the builders/developers before the next date of hearing, failing which the special leave petitions would stand automatically dismissed. The order does not state any broader implications or creation of new precedent beyond these directions in the case.
Order
1. In compliance with the Court's order dated 29-2-2012 (2012) 4 SCC 689 the petitioners have given out that Writ Petition No. 6550 of 2010 filed by them for issuance of a mandamus for regularisation of the construction is pending before the Bombay High Court. Keeping in view the observations made in our order dated 29-2-2012 (2012) 4 SCC 689, we consider it appropriate to suo motu order transfer of Writ Petition No. 6550 of 2010 pending before the Bombay High Court to this Court. Ordered accordingly.
2. The Registry of this Court is directed to send a communication to the Registry of the Bombay High Court for transmitting the record of Writ Petition No. 6550 of 2010 to this Court at the earliest.
3. The learned counsel have also furnished the details of the developers/builders from whom the members of the societies are said to have purchased the flats. The details of the builders/developers are as under:
SLP (C) No. 33471 of 2011
(a) PSB Construction Company Limited, 35, New Lalbagh Colony, Patiala, Punjab.
(b) Mr I.S Chawla, 30, Apollo Street, Fort, Mumbai 400 023.
SLPs (C) Nos. 33601 and 33940 of 2011
Mr Yusuf Patel (deceased) through LRs
1. Mr Abdula Yusuf Patel
2. Mr Adil Yusuf Patel,
both residents of A-1, Hashmi, Ground Floor, 24, Motlibai Street, Agripada, Mumbai 400 008.
SLPs (C) Nos. 35402 and 35324 of 2011
M/s B.Y Builders Pvt. Ltd., Plot No. 211, Dalamal Towers, Basement, Nariman Point, Mumbai 400 021.
4. The aforesaid builders/developers are ordered to be impleaded as parties to the proceedings of the special leave petitions. Let notice be issued to the builders/developers, the details of whom have been mentioned hereinabove, for 23-4-2012. The notice be given dasti as well.
5. It shall be the petitioners' duty to serve the builders/developers before the next date of hearing failing which the special leave petitions shall stand automatically dismissed.
Court Masters
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