RAHUL DINESH SINGH ALIAS THAKURversusSTATE OF MAHARASHTRA THROUGH THE SECRETARY URBAN DEVELOPMENT DEPARTMENT

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                             WRIT PETITION NO. 2042 OF 2026

 Rahul Dinesh Singh Alias Thakur                             .....Petitioner
               Versus
 The State of Maharashtra Through the Secretary,
Urban Development Department                       .....Respondents
                                .....
Mr. Jayesh S. Kalanke a/w Mr. Laxman B. Yadav, for the Petitioner.

Mr. Siddharth Chandrashekhar for the Respondent No.4 – MHADA.

Mr. Bibhishan Sutar i/b Adv.Komal Punjabi for the Respondent –
BMC.

Mr. Jonathan D’silva for the Respondent No.5.

Mr. Harshad M. Deshpande for the Respondent No.6.

Ms. Anupamaa Pawar, A.G.P for the Respondent – State.
                               ..…
                         CORAM : M. S. KARNIK &
                                    SANDESH D. PATIL, JJ.
                                      DATE    : 6th OCTOBER, 2026


P.C.:-

1.       Heard learned Counsel for the petitioner.


2.       On 25th August, 2026, the following order was passed.


                     “1. Heard learned counsel for the parties.



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          Digitally signed
          by RUPALI
          RAJESH
RUPALI    WAKODIKAR
RAJESH
WAKODIKAR Date:
          2026.10.09
          11:48:05
          +0530
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        2. It is the grievance of the petitioner that the possession of the
        premises to which the petitioner is entitled is not being
        handed over to him on the premise that there are some
        charges which the respondent No.5 is insisting the petitioner
        to pay. Moreover, it is the submission of learned counsel for
        the petitioner that the rent towards the alternate
        accommodation has not been paid since the demolition of the
        structure.

        3. Learned counsel for respondent No.5 prays for and is
        granted two weeks’ time to file an affidavit-in-reply.
        Respondent No.5 has handed over the development rights to
        the respondent No.6. Learned counsel for respondent No.6, on
        instructions, submitted that the entire rent has been paid till
        the time when the petitioner should have taken the possession.
        It is submitted that it is completely a fault on the part of the
        petitioner in refusing to take possession. Respondent No.6 to
        file the affidavit-in-reply.

        4. Since respondent No.6 is willing to hand over possession
        of the premises, the petitioner to be put in possession and the
        petitioner to accept the possession of the premises forthwith.
        This is however subject to the rights and contentions of either
        parties, which shall be dealt with after the affidavit-in-reply is
        filed. It is made clear that if it is later found that the petitioner
        is liable to pay any charges or the developer is liable to pay the
        rent, this order is subject to further orders of this Court.

        5. In the meantime, the parties submit that they are willing
        to negotiate and amicably resolve the dispute.

        6. List the writ petition on 16/09/2026 under the caption
        “for filing consent terms”.

7.     The matter is listed today for filing Consent Terms. However,

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the petitioner submits that there are several grievances made by him

which remained to be resolved. It is submitted that the respondent

Nos.5 and 6 are not accepting the liability to pay the rent. The

contention of the learned Counsel for the respondent No.6 is that

this is a disputed fact. Suffice it to observe that in terms of order

dated 25th August, 2026 passed by us, the possession in question has

been handed over to the petitioner and he is in possession of the

same. Considering that there is a dispute as regards to the payment

of rent, we permit the petitioner to file a detailed representation to

the Chief Officer, MHADA for ascertaining the arrears of rent. The

petitioner as well as respondent No.6 may file their calculations

before the Chief Officer, MHADA or the officer designated by him to

decide the quantum arrears of rent if any payable to the petitioner.


8.     The petitioner as well as the respondent No.6 to appear before

the Chief Officer, MHADA on 19 th October, 2026 at 11.00 a.m.

alongwith their respective calculations.


9.     The issue of payment of rent or the arrears thereof be decided

within a period of twelve weeks from 20 th October, 2026, on its own

merits, in accordance with law.


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10.    The other grievances of the petitioner is that the petitioner has

time and again requested through his Advocate for initiating action

against the respondent No.5.


11.    Despite repeated representations and despite pointing out the

fact that there has been violation of the re-development project, no

action has been taken. One representation dated 23 rd April, 2025 is

pending     before   the   Building   Proposals   Department      of    the

Corporation which is at page 342 of the petition. The Executive

Engineer of the Building Proposals Department to look into the said

representation and if any action is warranted, the same be initiated

against the developers, expeditiously, in accordance with law.


12.    With the aforesaid directions, petition is disposed of.




(SANDESH D. PATIL, J.)                             (M. S. KARNIK, J.)




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