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Judgment
On 17th May, 2021 this Court passed the following order :
The Learned Advocate appearing for the developers states that the cheques for the month of May 2021 aggregating to Rs.30,05,000/- payable to
221 tenants are ready and the same will be forwarded to the Advocate for the Petitioner in the course of the day. The statement is accepted.
The Learned Advocate for the Petitioner states that the arrears payable by the developers to the Petitioner upto 30th April, 2021 is Rs.5,77,50,689/-
. However, the Advocate for the developer disputes the statement made by the Advocate for the Petitioner by stating that an amount of
Rs.71,35,000/- only is payable as on 30th April, 2021.
Instead of examining the dispute at this stage in regard to the exact SSP 1/3 1 wpl 6823 of 2020.doc amount of arrears payable by the developer to
the tenants, we accept the statement made by the Advocate on behalf of the developer that an amount of Rs.49,00,000/- will be paid by 21st May,
2021 and the balance of Rs.22,35,000/- will be paid by 31st May, 2021. The Petitioner will accept the said amounts without prejudice to their
contention that an amount of Rs.5,77,50,689/- is due and payable by the developer. Since the matter is heard partially by this Court, by consent the
same shall appear before this Court on 31st May, 2021. Stand over to 31st May, 2021.
We are today informed that the above order is complied with by the developers. However, the issue with regard to the exact amount of arrears
payable by the developer to the Petitioner Society is yet to be resolved. Both the sides agree to submit their respective statements of the monthly
compensation paid / received till date by the developers to the tenants, which would assist the parties to reconcile the accounts and also assist the
Court in passing necessary orders/directions.
The developers through their Counsel further undertake as follows :
(i) That on or before 7th June, 2021, they shall handover 11 post dated cheques being monthly compensation towards temporary alternate
accommodation for the period June, 2021 to May, 2022. The first cheque will be dated 10 th June, 2021 and the balance cheques will bear the date of
the 10 th day of each succeeding month.
(ii) That the said cheques will be honoured upon being deposited for encashment.
(iii) That the amount for which the 11 cheques will be drawn by the SSP 2/3 1 wpl 6823 of 2020.doc developer in favour of each of the tenants will
include the agreed increment @ 15%.
(iv) Since according to the developer, they are likely to receive the occupation certificate within a few months and put the tenants in possession of
their respective flats, the tenants agree that upon the developer obtaining the occupation certificate and putting the tenants in possession of their
respective flats, the tenants shall not be entitled to receive monthly compensation and undertake to return to the developer the balance post dated
cheques in their possession. The undertaking is accepted.
(iv) The above undertakings are accepted.
Place the above Writ Petition before the regular Court on 15 th June, 2021 to report compliance and for passing further orders.
At the request of Mr. Tamboly, all contentions of the parties including the contention of the developer that the Writ Petition is not maintainable, are
kept open.