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Bombay High CourtAO/545/2019disposed off

Smt. Anjali Sadashiv Gadge And ORS v. The Maharashtra Area And Housing Developoment Authority And ORS

2022-06-29Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

Shailaja This order is corrected vide speaking to minutes of the order dated 30th June, 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.545 OF 2019 A/W CIVIL APPLICATION NO.692 OF 2019 IN APPEAL FROM ORDER NO.545 OF 2019 Anjali Sadashiv Gadge and others. ] Appellants Vs.

The Maharashtra Area and Housing] Development Authority and others.] Respondents .....

Mr. R.P. Ojha i/b Mr. Asit K. Singh, for Appellants. Mr. P.G. Lad a/w Ms. Shreya Shah, for Respondent No.1-MHADA. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 29th JUNE, 2022.

P.C.

1.

After hearing learned Counsel for the appellants and respondent No.1-MHADA, appeal stands disposed of in terms of following directions;

(a) Appellants shall submit documents in support of their respective claims of permanent accommodation to respondent No.1 - MHADA within four weeks from today;

(b) Respondent No.1 - MHADA shall scrutinize such documents within three months from the date of receipt of the documents;

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.06.30 18:51:10 +0530

(c) Respondent No.1 - MHADA shall, after scrutinizing the documents tendered by the appellants, decide eligibility of the respective appellants qua permanent accommodation of each of them, in accordance with law. MHADA shall take such decision within 12 weeks thereafter as regards eligibility of the appellants;

(d) If decision of MHADA goes against the appellants, MHADA shall not act upon the said decision thereafter for a period of two weeks to facilitate the appellants to challenge such decision before the appropriate Authority, if so advised; (e) Trial Court shall pass necessary orders as regards disposal of the suit in view of the aforesaid directions within one week from receipt of this order;

(f) Interim relief granted by this Court [Coram:

Her Ladyship Smt. Mridula Bhatkar, J.] firstly, on 9.10.2017 which came to be continued from time to time till 27th April, 2022 shall continue to operate for two weeks as stated in clause (d) above.

2.

Appeal stands disposed of in aforesaid terms with no order as to costs.

3.

Consequently, Civil Application stands disposed of. [PRITHVIRAJ K. CHAVAN, J.]|