The Bombay High Court has issued a Contempt of Court notice to a Developer for will fully defying its orders to give tuagenarian. The Developer R K Madhani, is also a leading Contractor in Civic and Government Offices.
A division Bench of Mr. Justice Dhananjay Chandrachaud and Mr. Justice Rajesh Ketkar on November 5 issued notice to Madhani, who is developing a Slum Rehabilitation Project off Senapati Bapat Marg, Dadar (W). The Court was hearing a petition by Sheela Ambre (75).
According to Ambre’s petition, she ran a motor garage on the premises since, 1960. The re-development commenced in the mid-90’s. Ambre contended that while she was entitled for 600 sq. ft. area, the BMC, which owned the land, rejected her claim and held that she occupied only around 443 sq.ft. area. She challenged the rejection of her claim in High Court (HC). In May 2005, the HC directed that if Ambre required an area in excess of 225 sq. ft. for commercial purpose, she should pay the construction cost. It also directed that she should be provided with two commercial units adjacent to each other, out of which she would pay for one. The Court added that since, the premises were used for a garage proper access should also be given.
Madhani’s review petition was dismissed by the HC. He moved to the Supreme Court which on August 24, 2011, directed that Ambre should be given possession of 225 sq.ft. commercial unit and that HC should decide afresh on the issue of excess area. Thereafter on August 29, 2012, the HC directed Madhani to hand over a 225 sq.ft. unit to Ambre.
Ambre’s Advocates Sanjiv Sawant and Abhishek Deshmukh argued that inspite of the Court’s orders, Madhani was defiant. The Judges also noted that Madhani, after undertaking on October 29, 2012, to comply with the Court’s order within a week, had not complied. They directed the Slum Rehabilitation Authority (SRA) to take the help of Police, if necessary to enforce its order and hand over possession to Ambre.
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