Bombay High Court Weekly Round-Up: August 14 To August 20, 2023

Sushila Gordhandas Parikh v. State of Maharashtra 2023 LiveLaw (Bom) 372

Olga Rosnina v. Foreigners Regional Registration Office, Goa and Ors. 2023 LiveLaw (Bom) 373

Suvarna Ratnakar Taras v. Mangalprabhat Lodha 2023 LiveLaw (Bom) 374

ABC v. XYZ 2023 LiveLaw (Bom) 375

Govind Poslya Gavit v. The Competent Authority 2023 LiveLaw (Bom) 376

Abhay Shamsundar Kurundkar v. State of Maharashtra 2023 LiveLaw (Bom) 377

Geeta Ramanugrah Shastri v. Bar Council of Maharashtra and Goa and Ors. 2023 LiveLaw (Bom) 378

Reports/Judgments

Bombay High Court Cancels NOC Of Builder Over Default In Payment Of Transit Rent

Case Title: Sushila Gordhandas Parikh v. State of Maharashtra

Citation: 2023 LiveLaw (Bom) 372

The Bombay High Court on Friday cancelled the No Objection Certificate (NOC) granted to Parekh Constructions LLP, developer of a redevelopment project in South Mumbai due to its default on payment of transit rent to the residents of the demolished building.

A division bench of Justice GS Patel and Justice Neela Gokhale ordered Parekh Constructions, Parekh Constructions LLP, and Nishcon Realty Pvt Ltd to entirely vacate the site, including removing personnel, security guards, equipment, and machinery, by Monday, August 14, 2023.

The court directed Maharashtra Housing and Area Development Authority (MHADA) to issue a formal letter for cancellation of NOC without giving any opportunity of hearing to the developers. The court added that it is open for MHADA to proceed in accordance with law for the appointment of another developer.

Bombay High Court Quashes Deportation Order Against Russian National For Breach Of Visa Conditions Without Hearing

Case Title: Olga Rosnina v. Foreigners Regional Registration Office, Goa and Ors.

Citation: 2023 LiveLaw (Bom) 373

The Bombay High Court at Goa set aside a deportation order against a Russian national on grounds of breach of VISA condition observing that it was not a case of threat to internal security of India and authorities should have at least sought a clarification from the woman before ordering her deportation.

A division bench of Justice MS Sonak and Justice Bharat P Deshpande observed that while the Central government has wide powers of deportation, it cannot ignore principles of natural justice and fair play while exercising its powers.

Judgement Pronounced In Open Court But Signed After Transfer Of Judge A Valid Judgement: Bombay High Court

Case Title: Suvarna Ratnakar Taras v. Mangalprabhat Lodha

Citation: 2023 LiveLaw (Bom) 374

A judgement pronounced in open court but signed by the judge after he was transferred is a valid judgement, the Bombay High Court has held.

Justice Sharmila Deshmukh relied on several Supreme Court judgements which held that once a judgement was delivered or pronounced in open court, the manner of delivery couldn’t be faulted.

The writ petition filed by the petitioner in a partition suit challenged an order setting aside the status quo in her favour on the ground that the judge signed the order after he was transferred. The defendants were Mangal Prabhat Lodha and another.

“Although I am not inclined to accept the submission of the learned counsel for Petitioner that the judgment was signed after transfer of charge in view of the roznama on record and date below the signature, the aforesaid decisions are relied upon to drive home the point that judicial act of pronouncement of judgment in open court was complete and hence no fault can be found in the manner of delivery,” the court held and dismissed the petition.

Mother Preferred Over Father For Custody Of Girl Child About To Attain Age Of Puberty: Bombay High Court

Case Title: ABC v. XYZ

Citation: 2023 LiveLaw (Bom) 375

Observing that paternal grandmother or paternal aunt cannot be a substitute to mother during the phase of growth of a girl child, the Bombay High Court recently held that custody of a girl about to attain the age of puberty is preferred with her mother over her father.

Justice Sharmila U Deshmukh upheld a Family Court's order in a divorce case granting interim custody of an 8-year-old girl to her mother, who is also a doctor, and visitation rights to the father.

“the girl child aged about 8 years would be undergoing hormonal changes and also physical changes and as such much care has to be taken during this phase of growth of the girl child and the paternal grand mother or the paternal aunt cannot be a substitute to the mother who is also a qualified doctor. During this phase of life, the girl child requires care and attention of a women who would be better equipped to understand the process of transformation which the girl child will undergo and as such, the mother at this stage is preferred against the father”, the court held.

'Bureaucrats Cannot Act High-Handedly, Owe A Duty To Public': Bombay High Court Axes Acquisition Of Tribal Lands In Maharashtra’s Nandurbar

Case Title: Govind Poslya Gavit v. The Competent Authority

Citation: 2023 LiveLaw (Bom) 376

Observing that procedural laws dealing with citizens’ right to hold property aren’t merely ornamental and cannot be taken away, the Bombay High Court (Aurangabad Bench) set aside a land acquisition and compensation order “highhandedly” and hastily passed by IAS officer Minal Karanwal Assistant Collector, Nandurbar, Maharashtra.

Justices Ravindra Ghuge and YG Khobragade pulled up Karanwal for the manner in which the land acquisition was executed against tribals from the very outset, giving them just one day notice for a hearing, passing an order without hearing and compensating them less by terming their industrial lands as agricultural lands. It observed,

Accordingly, the court directed a newly appointed Competent Authority to conduct a re-hearing and award compensation treating the petitioners' lands as Industrial NA.

Bombay HC Disposes Of Plea Seeking Adequate Water Facility For Taloja Prison Inmates After State Govt. Informs About Installation Of Water Tanks, RO Plants

Case Title: Abhay Shamsundar Kurundkar v. State of Maharashtra

Citation: 2023 LiveLaw (Bom) 377

Maharashtra Government informed the Bombay Hight Court that 20 water tanks of 5,000 litres capacity each have been installed in Taloja Central Prison and installation of 5 RO water purifier plants for drinking water will commence on September 1, 2023.

A division bench of Justice Revati Mohite Dere and Justice Gauri Godse thus disposed of a petition filed by an inmate seeking adequate water facility in the jail. The petition alleged that inmates are provided 1-1.5 buckets of 'unclean' water a day for drinking, washing, bathing etc.

Mere Identification Of Deponent Does Not Mean Advocate Is Personally Attesting To The Contents Of The Affidavit: Bombay High Court

Case Title: Geeta Ramanugrah Shastri v. Bar Council of Maharashtra and Goa and Ors.

Citation: 2023 LiveLaw (Bom) 378

Deprecating the trend of filing complaints against opposing counsels to intimidate them, the Bombay High Court recently held that mere identification of deponent in an affidavit does not mean advocate is personally attesting to the contents of the affidavit.

A division bench of Justice GS Patel and Justice Neela Gokhale set aside disciplinary proceedings for alleged professional misconduct against Advocate Geeta R Shastri, former Additional Government Pleader in the Court.

The Court cited Order 19 Rule 3 of the Code of Civil Procedure, 1908, which emphasizes that Affidavits should be confined to facts the deponent can personally verify. The Court noted that Shastri was not even the Advocate-on-Record, and merely identified the deponent. Such identification does not imply personal attestation to the accuracy of the deponent's statements, the court held.

The court said that the threat of disciplinary complaints against the opposing lawyer is used in several matters to ensure that the opposing party does not get proper legal representation.

Other Developments

Bombay High Court Perturbed As Girls Trafficked From Bangladesh Under Fake Citizenship Docs Accuse Vishrambaug Police Of Sexual Exploitation 

The Bombay High Court tore into the Sangli police’s investigation into a cross-border organized crime syndicate trafficking young girls from Bangladesh and forcing them into prostitution in Maharashtra’s Sangli district with Indian birth certificates, forged Aadhar cards and passports.

A division bench of Justices AS Gadkari and SG Dige said they weren’t interested in just one instance of raid but the syndicate that continues to traffic girls inducting them as Indian citizens.

The bench was seized with a petition filed by an anti-trafficking NGO, Freedom Firm, in October 2022 regarding the lax investigation and involvement of police officers from Vishrambaug Police station in a trafficking racket busted in 2022.