Taslim Tayyabali Tinwala v. Mumbai Building Repair And Reconstruction Board And ANR

910-OSWP-1521-2017+.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1521 OF 2017 WITH INTERIM APPLICATION (L) NO. 23396 OF 2023 IN WRIT PETITION NO. 1521 OF 2017 WITH INTERIM APPLICATION (L) NO. 11553 OF 2022 IN WRIT PETITION NO. 1521 OF 2017 Taslim Tayyabali Tinwala

...Petitioner

Versus

Mumbai Building Repair and Reconstruction Board & Anr

...Respondents

Mr Suraj Kudalkar, for the Petitioner & Applicant in both IAs. Mr PG Lad, with Shreya Shah, for the Respondent-MHADA.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

13th March 2024 PC:- by SANDHYA BHAGU WADHWA Date:

2024.03.14 12:55:55 +0530 SANDHYA BHAGU WADHWA 13th March 2024

910-OSWP-1521-2017+.DOC 1.

Mr Lad reports that possession has been given to the Petitioner of Room No 1203, 12th floor, Valencia Paradise. Possession has been taken.

2.

The Petitioner's case is that he was eligible for two premises not one. Mr Lad points out that there is a circular of 8th March 2019 and the Petitioner is at liberty to apply to the Housing Department making out a case for a separate eligibility for the second structure or for de-clubbing or both, as the case may be. All contentions in that regard are kept open. The Petitioner may make an application. That application must be made within a period of three weeks from today. If not done, no further application will thereafter be entertained from the Petitioner. If made, that application is to be disposed of at the earliest possible and, preferably, within a period of three months from the date of the application. 3.

The Petition is disposed of in these terms. There will be no orders as to costs.

(Kamal Khata, J) (G. S. Patel, J) 13th March 2024