S. M. PASHA & ORS versus STATE OF MAHARASHTRA & ORS.

S. M. PASHA & ORS versus STATE OF MAHARASHTRA & ORS.

Having regard to the subsequent termination of the earlier development agreement and execution of a fresh development agreement, the Court permitted the petitioners to withdraw the SLP unconditionally, directed the present management to furnish copies of the fresh development agreement to tenants, and left open the rights of tenants and respondent No. 5 to challenge the fresh agreement or the termination respectively before appropriate courts/forums.

Parties
Petitioner: S. M. PASHA & ORS.; Respondent: State of Maharashtra/MHADA; Respondent: Respondent No. 5
Jurisdiction
India
Judgment Date
17 February 2023
Procedural Posture
Special Leave Petition Under Article 136 of the Constitution of India / SLP Permitted to Be Withdrawn; SLP (c) No. 4428 of 2016 Dismissed as Withdrawn and SLP (c) CC No. 4922 of 2016 Disposed of With Observations
Outcome
SLP (C) No. 4428 of 2016 dismissed as withdrawn; SLP (C) CC No. 4922 of 2016 disposed of with observations
Legal Topics
Special Leave Petition, Termination of Development Agreement, Perjury Applications, Redevelopment Agreements, Withdrawal of Proceedings
Constitution of India Administrative Law Property Law Civil Procedure Special Leave Petition Termination of Development Agreement Perjury Applications Redevelopment Agreements +1 more

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Parties

S. M. PASHA & ORS.

Petitioner

State of Maharashtra/MHADA

Respondent

Respondent No. 5

Respondent

Procedural Posture

Special Leave Petition Under Article 136 of the Constitution of India / SLP Permitted to Be Withdrawn; SLP (c) No. 4428 of 2016 Dismissed as Withdrawn and SLP (c) CC No. 4922 of 2016 Disposed of With Observations

Legal Issues

  1. 1 Whether the SLP could be withdrawn in view of termination of the development agreement and appointment of a new developer
  2. 2 Whether tenants are entitled to a copy of the fresh development agreement
  3. 3 Whether respondent No. 5 can challenge the termination of its development agreement and pursue perjury applications

Ratio Decidendi

Having regard to the subsequent termination of the earlier development agreement and execution of a fresh development agreement, the Court permitted the petitioners to withdraw the SLP unconditionally, directed the present management to furnish copies of the fresh development agreement to tenants, and left open the rights of tenants and respondent No. 5 to challenge the fresh agreement or the termination respectively before appropriate courts/forums.

Court Disposition

SLP (C) No. 4428 of 2016 dismissed as withdrawn; SLP (C) CC No. 4922 of 2016 disposed of with observations

Orders

  • Petitioners in SLP (C) No. 4428/2016 permitted to withdraw the SLP unconditionally; SLP stands dismissed as withdrawn.
  • Copy of the fresh development agreement entered into in favour of the new developer to be furnished to the respective tenants by the present management.