1. To put an end to the long standing dispute between Respondent No. 7 (‘the Developer’) and the 21 Original Tenants of ‘Earth
Terrace’ situated at Gajanan Colony, Goregaon (West), Mumbai â€" 400 104, pertaining to their right to receive Permanent Alternate
Accommodation from the Developer, we had on 3rd November, 2021 directed the Developer to attend this Court today, along with the keys of the
respective flats agreed to be allotted to the said 21 Original Tenants on ownership basis. Accordingly, the Developer is present in Court and upon our
directions he has handed over the keys of the flats to the Original Tenants and / or their respective legal heirs. The keys to Flat No. 1004 which is
allotted to Shri Pragnesh Shah will be forwarded by the Developer to Shri Shah by 05.00 p.m. today at his residence.
2. Smt. Sakarben V. Gala and Shri Sunder K. Shetty have handed over to the Developers cheques drawn in favour of the Developer in the sum of
Rs.7,12,800/-and Rs.1,69,269/- respectively, being the amount payable by them towards their respective additional areas purchased by them from the
Developer. They undertake that the said cheques will be honoured when presented for encashment. The undertakings are accepted.
3. Shri Velji Karman Gada undertakes to handover a cheque of Rs.20,769/- to the Developer on or before 8th November, 2021, being consideration
for the additional area purchased by him from the Developer. The undertaking is accepted.
4. Since the Original Tenants have accepted the keys of their respective new flats / tenements in Court itself, they are not required to issue any
receipt / letter in respect of the same.
5. The Original Tenants and their respective Legal Heirs undertake to this Court to comply with all the terms and conditions contained in their
respective Permanent Alternate Accommodation Agreements. The undertaking is accepted.
6. The charges, taxes, etc. payable by the Original Tenants in respect of their new flats shall be payable by the Original Tenants from the date of
possession of their respective flats, save and except the charges / taxes already paid by them in advance to the Developer.
7. The balance amount towards development charges if any, shall be paid by the Original Tenants and / or their respective legal heirs as agreed in Sub
Clause (i) of Paragraph 2 of the Order passed by this Court dated 4th October, 2021.
8. Since the above Writ Petition is already disposed off, no further orders are required to be passed.
