1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4374 OF 2008 Espee Property Developers Pvt. Ltd and anr. :Petitioners versus State of Maharashtra and ors. : Respondents. Mr. Vishwajeet Sawant i/by M/s. I C Legal for the Petitioners. Mrs. P S Cardoza AGP for the Respondent/State. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 24th June 2010 P.C. 1 The Petitioners, who have developed the property in question, have raised a grievance against the Respondents to the effect that after lapse of more than 17 years and after taking symbolic possession of the flats in question, the Respondents have failed and neglected to allot the three flats in question to its nominees thereby blocking the investment of the Petitioners. It is the case of the Petitioners that the Petitioners have completed construction and possession of the three flats has already been handed over to the Government. 2 2 The grievance of the Petitioners is that though they have handed over the said three flats, the Petitioners have not received the amounts due to them for the said three flats thereby the amount invested by them for the construction of the said flats has not been recovered. It is also the case of the Petitioners that the Respondents having not allotted the said three flats to its nominees have placed the Petitioners in helpless position, as the amount invested by them for the construction of the said three flats has been blocked for over 17 years without any fault on the part of the Petitioners. 3 On behalf of the Respondent/State an Additional Affidavit has been filed by one Suresh M Kakani, Deputy Secretary to Government, Urban Development Department, Mentralaya, Mumbai. In the said additional affidavit it is stated that this Court may grant two months time to the State so as to make allotment of the said three flats to its nominees. The reasons for such extension has also been stated in the said additional affidavit. In view of the request made in the said additional affidavit, we grant two months time to the Government for allotting the flats in question to the nominees of the State Government. Such extension is granted with clear understanding that no further extension will be sought for in future. In case such allotment is not made 3 within two months by the Government to its nominees, it will be presumed that the Government is not interested in allotting the same to its nominees, and also, if the Government fails to allot the said three flats to its nominees, or nominees fail to execute necessary documents in this behalf after allotment from the Government, it will be presumed that the Government is not interested in making such allotment and in such a eventuality the Petitioners would be at free to apply for appropriate orders in this behalf by filing further proceedings in that behalf in accordance with law. 4 The learned counsel for the Petitioners raised a contention as regards payment of taxes and maintenance charges to the co-operative society in question. It is made clear that the question as regards the payment of taxes and maintenance charges is concerned, we express no opinion as we are not called upon to adjudicate the same at this stage. The said issue is kept open for adjudication at the appropriate stage. 5 We dispose of the above Petition in terms of what has been recorded in paragraph 3 above. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]