
The petitioners, Alphonso D’Souza and Vanessa D’Souza, approached the High Court of Bombay challenging an order passed by the AGRC. The case primarily involves a dispute regarding the redevelopment of a property where the petitioners claim specific rights under earlier agreements and consent terms.
The petitioners requested the court:
The case has a history involving previous developers, consent terms from a suit settled in 2012, and a development agreement signed in 2020. The petitioners claim their entitlement to commercial premises and car parking spaces as agreed upon in these documents.
An interim order in April 2022 preserved the petitioners' rights while the case proceeded. The petitioners argued that the AGRC’s order contradicts the High Court's previous orders and that the respondent must abide by the commitments made in the consent terms and the development agreement.
The High Court reserved its judgment after hearing detailed arguments from both sides, focusing on whether the redevelopment plans comply with the agreements that protect the petitioners’ entitlements.
Case Title: ALPHONSO D’SOUZA Ors. Versus APEX GRIEVANCES REDRESSAL COMMITTEE Ors.
Citation: 2024 LawText (BOM) (8) 206
Case Number: WRIT PETITION NO. 779 OF 2023
Date of Decision: 2024-08-20