MAHENDRA BHIMRAO KHARAT AND ORS. Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1479-1480 of 2016, Judgment Date: Feb 16, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOs. 1479-1480 OF 2016
            [@ SPECIAL LEAVE PETITION (C) NOS. 4523-4524 OF 2016]

MAHENDRA BHIMRAO KHARAT AND ORS.                                 Appellant(s)

                                   VERSUS

MAHARASHTRA HOUSING AND AREA DEVELOPMENT
AUTHORITY AND ORS.                                              Respondent(s)


                               J U D G M E N T


KURIAN, J.
1.    Issue notice.  Mr. Mohit D. Ram, learned  counsel,  waives  notice  on
behalf of Respondent No. 4.

2.    Leave granted.

3.    The appellants have mainly three apprehensions viz. i) with regard  to
the area that will be allotted to them  after  the  construction;  ii)  with
regard to the Agreement to be executed regarding the allotment  before  they
vacate; and iii) the formation of the Cooperative Society.

4.    The learned counsel for the respondents submits  that  the  agreements
have already been executed with the parties and what  remains  is  only  the
formal registration thereof.

5.    We direct the respondents to get the agreements registered within  two
weeks from today.  In case, the agreements have not been executed  with  any
of the parties, we make it clear that within  that  period,  the  agreements
shall be got executed and registered.  We  record  the  statement  that  the
process of execution and registration of the agreements will be  facilitated
by the appellants for the implementation of  the  time  bound  direction  as
above.

6.    On the area to be allotted, the learned counsel  for  the  respondents
submits that each of them will be allotted carpet area of not less than  450
sq. ft.  The above submission is recorded.

7.    As far as the  third  apprehension  regarding  the  formation  of  the
Cooperative Society is concerned, the learned counsel  for  the  respondents
submits that  there  is  a  provision  in  the  Agreement  itself  that  the
Cooperative Society would be formed  before  the  Occupancy  Certificate  is
applied for.  We direct the  respondents  to  get  the  Cooperative  Society
formed and registered positively within six months from today.

8.    We also record the  undertaking  of  the  appellants  that  they  will
vacate the premises within three weeks from today positively.

9.  In view of the  above,  no  further  directions  in  these  appeals  are
required.  The appeals are disposed of with no order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]

                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 16, 2016.