Bombay HC fines man Rs 1 lakh for seeking to start, then stay SRA project at Gilbert Hill Road
The Bombay high court has imposed a Rs 1 lakh fine on a man for seeking to stay a slum redevelopment project on an over 8,200-square-metre land at Gilbert Hill Road, Andheri (West), after himself moving court earlier to have it completed within the stipulated period.
A bench of Justice Shantanu Kemkar and Justice Anuja Prabhudessai heard a petition by Samayadurai Agamudian on September 11, urging the court to direct the urban development department and the Slum Rehabilitation Authority to dismiss Darshan Developers alleging irregularities and appoint a “fit and proper” developer or promoter to take over the project and complete it. He requested that the high court set up a committee for the purpose and that a developer be appointed on the basis of its report. He also sought a probe by “an upright” IAS or IPS officer and that the project be stayed till the hearing and final disposal of his petition.
But the judges noted that earlier Agamudian, as the power attorney holder of Sai Darshan SRA Cooperative Housing Society Ltd, had filed a petition to ensure that the redevelopment project was completed within the stipulated time period. They said Agamudian could not be allowed to seek relief against the same society by asking the respondents to disqualify the society for whom he had earlier filed a petition. “We fail to understand as to how the present petitioner who had earlier, in the capacity of the constituted attorney, filed a writ petition seeking relief in favour of the society, and has now filed this petition for quashing the letter of intent in favour of the same society,” The judges said. “Thus, it is very clear that the relief which has been sought in the petition is just opposite to the relief claimed. Such a practice is highly objectionable.” The court dismissed Agamudian’s petition “with cost to the extent of Rs 1 lakh payable within three months”.