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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 1479-1480 OF 2016 [@ SPECIAL LEAVE PETITION (C) NOS. 4523-4524 OF 2016]  

MAHENDRA BHIMRAO KHARAT AND ORS.             Appellant(s)                                 VERSUS

MAHARASHTRA HOUSING AND AREA DEVELOPMENT  AUTHORITY AND ORS.  Respondent(s)

J U D G M E N T

KURIAN, J. 1. Issue notice.  Mr. Mohit D. Ram, learned counsel,  waives notice on behalf of Respondent No. 4.

2. Leave granted.   

3. The  appellants  have  mainly  three  apprehensions  viz. i) with regard to the area that will be allotted  to them after the construction; ii) with regard to  the Agreement to be executed regarding the allotment  before  they vacate;  and iii)  the formation  of the  Cooperative Society.  

4. The learned counsel for the respondents submits  that the agreements have already been executed with

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the  parties  and  what  remains  is  only  the  formal  registration thereof.   5. We direct the respondents to get the agreements  registered within two weeks from today.  In case, the  agreements  have not  been executed  with any  of the  parties, we make it clear that within that period,  the agreements shall be got executed and registered.  We record the statement that the process of execution  and  registration  of  the  agreements  will  be  facilitated by the appellants for the implementation  of the time bound direction as above.

6. On the area to be allotted, the learned counsel  for the respondents submits that each of them will be  allotted carpet area of not less than 450 sq. ft.  The above submission is recorded.      7. As far as the third apprehension regarding the  formation  of  the  Cooperative  Society  is  concerned,  the learned counsel for the respondents submits that  there is a provision in the Agreement itself that the  Cooperative  Society  would  be  formed  before  the  Occupancy Certificate is applied for.  We direct the  respondents to get the Cooperative Society formed and  registered positively within six months from today.  

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8. We also record the undertaking of the appellants  that they will vacate the premises within three weeks  from today positively.    9.  In view of the above, no further directions in  these appeals are required.  The appeals are disposed  of with no order as to costs.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; February 16, 2016.