HC grants lawyer extension till June 30 to pay for flat under CIDCO scheme

The Bombay high court (HC) has allowed a visually-impaired lawyer an extension up to June 30, to pay for a flat he had been allotted by the City and Industry Development

The Bombay high court (HC) has allowed a visually-impaired lawyer an extension up to June 30, to pay for a flat he had been allotted by the City and Industry Development Corporation (CIDCO) in 2014 , though the payment deadline was May 8 of this year. The lawyer claimed that due to the Covid-19 pandemic he was unable to arrange for the funds. CIDCO opposed the plea stating that the May 8 deadline was already an indulgence. The court, however, allowed the extension as a last chance on humanitarian grounds.

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A single bench of justice S C Gupte, while hearing the interim application of the lawyer, was informed that in 2014 he had been allotted a flat in the ‘Divyang’ quota under CIDCO’s housing scheme in Kharghar, Navi Mumbai. He was asked to pay nearly Rs 49. 7 lakh in instalments for the 600 square feet flat. However, in February 2018, the allotment was cancelled on the grounds of delay in payment and hence he approached HC.

In December last year, HC quashed CIDCO’s allotment cancellation letter and allowed the lawyer to make delayed payments of nearly Rs 15.29 lakh in two equal instalments on humanitarian grounds. The first instalment was payable by February 7 and the second on or before May 8, 2020, after which the authority would handover possession to him.

However, on May 5, advocate Nitesh Bhutekar filed an urgent application on behalf of the lawyer and informed the court that as Mumbai and Navi Mumbai were declared red zones and under lockdown, the applicant was finding it difficult to arrange funds and requested the court to grant him some time to make payment.

Advocate Rohit Sakhdeo for CIDCO opposed the plea and said that the December order of the HC was already an indulgence, hence further extension should not be granted.

After hearing the submissions, justice Gupte noted, “Considering unusual circumstances obtaining as of date, this court is of the view that a reasonable extension of time deserves to be granted to the applicant.” The court ordered that the applicant can pay balance instalment of Rs 7, 64, 974 by June 30 and stated, “This extension is granted only as an indulgence and by way of a last chance, and no application shall be made hereafter for further extension of time.”

The bench added that in case of default, CIDCO would be entitled to cancel the allotment.