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srp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 50 OF 2012
IN
WRIT PETITION NO. 975 OF 2010

M/s. Sumer Conrporation.

Versus
State of Maharashtra & Ors.
AND
Bhimrao Narasappa & Ors.

..Petitioner.
..Respondents.
..Applicants.

Mr. Venkatesh Dhond, Senior Advocate with Ms. Yasmin Bhansali for the
petitioners.
Mr. Milind More, AGP for the State [R-1, 4, 6 and 7].
Mr. Girish D. Uttangale, advocate for respondent No.2(SRA).
Ms. Hina Mody for the applicant in Chamber Summons No.50 of 2012.
Mrs. Sharmila Modle, advocate for respondent (BMC).
Coram : MOHIT S. SHAH, C.J. &
RANJIT MORE, J.
Date : March 21, 2012.
P. C. :
1.

By our order dated 24th February 2012, we had noted that

following flats are not alloted by any competent authority.

Flat No. 0002, 201, 401 and 405 all in Building No. B1,
F-Wing of SRA Scheme at Chandivali.

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2.

The persons in occupation of said flats have accordingly

had four weeks time but none of them have come forward with allotment
letters issued in their favour. We will deal with the case of the occupants
of those flats.
3.

Flat No. 0002 is presently in occupation of Mr. Dipak

Gaikwad, who claims to have been inducted in the flat on the basis of gift
deed dated 25th September 2009 executed by Tulsiram Raddewal. Said
Tulsiram claims to have allotment letter dated 27th October 2008 issued
by the petitioner Sumer Corporation purporting to be allotting said flat
to Tulsiram. Without going into the question whether Sumer Corporation
had allotted any flat to Tulsiram on 27th October 2008, the fact remains
that no allotment letter has been issued in favour of Dipak Gaikwad. The
so called gift deed dated 25th September 2009 has no validity in the eye of
law as rehabilitation tenement constructed as part of a slum
redevelopment/rehabilitation scheme, cannot be transferred for a period
of ten years. Accordingly, Flat No.0002 must be taken over by the police
and sealed immediately.
4.

Coming to flat No.201, learned Counsel for the applicants

states that applicant no. 20-Mr. Nikam M. Vishram claims to be in

occupation of said flat but presently he has gone to his native place and
therefore he has not produced any documents. In spite or our order dated
24th February 2012, the so called allottee has not produced any allotment
letter nor has applicant no.20 filed any affidavit of his own.

We,

therefore, direct the police officer to take over possession of flat no.201
and to seal the same.

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5.

Flat No.401.

According to learned counsel for the

applicants, Mr. Mahadev Nikam is occupying the said flat and he also has
gone to his native place. Mahadev Nikam has also not filed affidavit of
his own inspite of passage of four weeks. We, therefore, direct the police
to take over possession of flat no.401 and to seal the same.
6.

Flat No.405. This flat is presently in occupation of Mrs.

Pratibha Gaikwad wife of Mr. Deepak Gaikwad, who claims to be in

possession of the said flat on the basis of power of attorney of Kasubai
Basare.

According to Mrs. Pratibha Gaikwad, Kasubai Basare was

allotted this flat by allotment letter dated 18th August 2008. Without
going into question of correctness or authenticity of the said alleged
allotment letter, admittedly no allotment letter has been issued in favour
of Mrs. Pratibha Gaikwad and as indicated above, no allottee of
rehabilitation flat in SRA scheme can transfer the flat for a period of 10
years. Hence, so called power of attorney relied upon by Mrs. Pratibha
Gaikwad is of no consequence. Hence, police officer shall take over
possession of flat No.405 and seal the same also.
7.

The above directions shall be carried out by Sakinaka

Police Station by 27th March 2012. Stand over to 28th March 2012.
.

Parties to act on a copy of this order duly authenticated by

the Registry of this Court.

[CHIEF JUSTICE]

[RANJIT MORE, J.]