Mumbai:Several residents of Shivaji Nagar Slum in Wadala are awaiting possession of their redeveloped premises, a decade aftersigning a redevelopment agreement.
The redeveloped 22-storey tower, Matoshri Sadan SRA CHS Ltd, has been constructed, but several residents have neither received possession nor are they getting transit rent. The building is to house 455 families and commercial establishments.
Rent not paid by developer after delayed work
In 2005, the residents of the slum decided to undertake redevelopment. Accordingly, an agreement was signed in 2012 with Newmec and Reodar Builders JV, according to which certain amount of rent is payable to the members of the society towards alternative accommodation till the project is completed. The residents vacated the premises.
However, the Matoshri Sadan Welfare Society filed a petition in the Bombay High Court in 2018 alleging that the developer had not paid the rent for a long period, thereby resulting in huge arrears.
An affidavit was filed in April 2018, by Ishwarlal Lakhara, director of Newmec, giving an undertaking that they will verify the record and if it is found that any amount is due to any of the members, the payment will be made within a period of four weeks. The HC took the undertaking on record and disposed of the petition on April 4, 2018.
However, Sambhaji Gawade, president of thesociety, and six other members approached the HC again in 2019 seeking that contempt proceedings be initiated against the developer since it had not paid the arrears. The petition urged the court to take necessary action against the developer under Contempt of Court Act for wilfully committing contempt of the order dated September 9, 2018.
Developer failed to comply orders
According to the contempt plea, on January 4, 2019, petitioners reminded the developer to comply with the earlier HC order by issuing a legal notice. As he failed to comply, they filed a contempt petition.
The contempt plea alleged that the developer had “adopted a tactic of pick and choose and was acting with mala-fide intention” against the petitioners and others who had chosen to file litigation.
Gawade alleged that the developer was forcing some members to take possession of the premises despite work not being completed. He alleged that those who were accepting premises were made to sign a letter saying that they are accepting the tenement and were forgoing the transit rent arrears.
The developer did not reply to phone calls and was not available at his office contact number for comment.
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