Alliance Infracorp Developers v. Municipal Corporation Of Greter Bombay And 3 Others

by Swaroop S.

Phadke Date:

2020.01.13 11:28:41 +0530 Swaroop S.

Phadke 905 wp 1518 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1518 OF 2017 Alliance Infracorp Developers ...

Petitioner versus Municipal Corporation of Greater Mumbai and Ors.

...

Respondents Mr. S.S.Lanke, for Petitioner.

Mr. Buran Bukhari with Mrs. Vandana Mahadik, Mrs. Sheetal Metkari, for MCGM. Mr. P.G.Lad, for Respondent No.3.

Mr. Nitesh Acharya i/by Mr. Altaf Khan, for Respondent No.4. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th JANUARY, 2020 P.C.:

1.

Perused the order dated 8 th January, 2020. The learned Advocate appearing for MHADA states that it is MHADA who will decide the eligibility of Respondent No.4. In view thereof, the following order is passed : (i) An Application shall be filed by Respondent No.4 before MHADA to determine their eligibility within a period of two weeks from today. (ii)Upon receipt of such application, MHADA shall decide the eligibility of Respondent No.4 within a period of four weeks thereafter, without being influenced by the earlier orders passed by MHADA or any other authority. (iii)The Appeal filed before the High Power Committee by the Petitioner SSP 1/2

905 wp 1518 of 2017.doc will be withdrawn as infructous.

(iv)MHADA shall thereafter, proceed to take steps/action in accordance with law.

(v) The Petitioner shall be at liberty to take out proceedings under Section 95A of the MHADA Act, 1976 before the Executive Engineer, G/South Ward of the Corporation for eviction of Respondent No.4 (vi)All contentions of the parties are kept open. (vii)The Writ Petition is accordingly disposed of. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/