IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2023
IN
SPECIAL LEAVE PETITION (C) NO. OF 2022
IN THE MATTER OF:
Mahesh Govilkar …Petitioner
vs.
Jangid Home Pvt. Ltd. & Ors. …Respondents
APPLICATION SEEKING PERMISSION TO PLACE ON
RECORD ADDITIONAL FACTS AND DOCUMENTS
TO
THE HON’BLE THE CHIEF JUSTICE
OF INDIA AND HIS COMPANION
JUSTICES OF THE HON’BLE
SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF
THE PETITIONER/APPLICANT
ABOVENAMED
MOST RESPECTFULLY SUBMITTED:
1. The instant Special Leave Petition has been filed by the Petitioner
assailing the Order and Judgment dated 10.07.2023 passed by the
Hon’ble Bombay High Court [“Hon’ble High Court”] in Writ
Petition No. 1552 of 2021 [“WP”] [“Impugned Judgment”]
whereby the Hon’ble High Court, whilst allowing the WP has set
aside the Order dated 16.03.2021 passed by the Respondent No. 6 –
Apex Grievance Redressal Commission [“Respondent No. 6 –
AGRC”] [“AGRC Order”].
2. The contents of the captioned Special Leave Petition may be read as part
of the present Application which are not being repeated herein to
avoid prolixity.
3. A set out in detail in the captioned SLP, the Hon’ble High Court vide
the Impugned Order has inter alia impugning the AGRC Order inter
alia affirming the rejection [by the Special Planning Authority i.e.
Respondent No. 2 – Slum Rehabilitation Authority (“Respondent
No. 2 – SRA”)] of the proposal made on behalf of the Respondent
No. 1 – JHPL for the redevelopment of the Plot bearing CTS Nos. 49
(Part) 49/1 (Part), 49/8, 24 to 200, 210 to 221, 223 to 233 and 295 to
312 situated at Jogeshwari (East), admeasuring 7,009.97 sq. mtrs.
[declared as a Slum on 29.09.1977 under Section 4 of the
Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971] [“Slum Land”] under the Slum
Rehabilitation Scheme.
4. The present Application is being filed by the Petitioner seeking
permission to place on record certain additional facts and documents
which are relevant and necessary for the effective adjudication of all
issues raised in the captioned SLP, particularly to highlight the
reasons as to why the Petitioner is aggrieved by the Impugned Order
and has filed the captioned SLP.
5. The Petitioner craves leave to file the following additional documents
which would show the erroneous interpretation of the documents on
record as well as the hasty manner in which the impugned order was
passed by the Hon’ble High Court:-
(a) Copy of the Circular No. 168 dated 31.12.2015 is annexed
hereto and marked as Annexure P8 at Pages ___ to ____.
6. It is further submitted that no occasion to assail the application of the
Respondent No. 1 – JHPL / its Architect before the Respondent No. 2 –
SRA [which was incomplete] would have arisen until and unless the
same was accepted as it is the duty of the Respondent No. 2 – SRA to
scrutinise the said application and ensure the same is in order before
granting any acceptance. The cause of action in the regard only arose
once the Respondent No. 2 – SRA failed in its duty to properly
scrutinize the aforesaid application by the Respondent No. 1 – JHPL / its
Architect.
7. Moreover, The Hon’ble High Court errs in law whilst holding that the
challenge by the Petitioner was premature as the In Principal
Acceptance Letter did not give any right to the Respondent No. 1 –
JHPL. However, it is submitted that the In Principal Acceptance Letter
could not have been issued without the mandatory compliance under
Circular 144 and the application by the Respondent No. 1 – JHPL / its
Architect was incomplete and non est in law in absence of NOC by the
Respondent No. 4 – DSLR.
8. The Petitioner, Shri Sai Vighnaharta Sahakari, a society of which the
Petitioner is a member, (hereinafter referred to as the “Society”),
through this interlocutory application, humbly seeks the Hon’ble Court’s
intervention and review of the Order dated 12.06.2023 [hereinafter
referred to as the “Rejection Order”] passed by this Hon’ble High
Court in respect of IA (L) No. 15151 of 2023, wherein the Society’s
plea to intervene in the Writ Petition [“IA”] [“Rejection Order”] was
erroneously rejected. The Society respectfully submits that the Rejection
Order was predicated on the alleged belated stage of filing, without due
regard to the Society’s locus and its crucial interest in the matter at
hand. The Society asserts that such locus is underscored by several
compelling factors, as elucidated below:-
a) the Respondent No. 1 – JHPL challenged the AGRC Order after
a period of 4 [four] month of its passing vide the WP. Further,
neither did the Respondent No. 1 press for any interim reliefs,
nor were they granted by the Hon’ble High Court thereby
meaning that the AGRC Order remained in force and there was
no proposal currently in consideration by the SRA with respect to
the redevelopment of the Slum Land;
b) accordingly, the Society was formed in February, 2023 by the
slum dwellers occupying the Plot bearing CTS Nos. 49 (Part),
49/3 to 18, 49/140 to 200 and 210 to 241, 295 to 304,
admeasuring about 4,500 sq. mtrs. forming a part of the Slum
Land [“Society Land”] for the purposes of redevelopment of the
Society Land for which M/s. Gyan S. P. Developers LLP was
engaged in terms of the general meeting dated 21.02.2023.
Pursuant thereto, the Society passed a General Body Resolution
for applying to the SRA for the acquisition / redevelopment of
the Society Land. The aforesaid Application by the Society was
accordingly taken under consideration by the Respondent No. 2 –
SRA on 02.06.2023, in the absence of any pending application /
proposals to that effect with respect to the Society Land [in view
of the prevailing AGRC Order];
c) in view of the Application made by the Society before the SRA,
the Society developed locus in the WP as the outcome of the
same would have a direct bearing on the Application of the
Society. In view of the same, the Society filed the IA before the
Hon’ble High Court seeking to intervene in the WP; and
d) a substantial number of members of the Society were also
members of the Respondent No. 5 which had no locus as its
proposal was set aside by the Respondent No. 7 – AGRC and
was directed to be recorded [terminated] by the Respondent No.
7 – AGRC vide the AGRC Order
9. The present Application is made bona fide and it is in the interest of
justice that the Petitioner be allowed to bring on record the aforesaid
additional documents.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to:
a) allow the Petitioner to place on record the additional facts as urged
in the present application and the additional documents being
ANNEXURES P32 to P33 mentioned hereinabove;
b) pass such other orders as this Hon’ble Court may deem fit in the
interest of justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY.
DRAWN & FILED BY:
KUNAL MIMANI
ADVOCATE FOR THE PETITIONERS
Drawn on: 09.08.2023
Filed on:
