Darshan Developers And ANR v. Maharashtra Housing And Area Development Authority (Mhada) And 3 ORS.

1 908) wpl2355-17.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2355 OF 2017 Darshan Developers & Anr.

..Petitioners.

V/s.

Maharashtra Housing & Area Development Authority & Anr.

..Respondents.

Mr.Rajeev Chavan, Senior Advocate with Mr.Susmit Phatale i/b. J. Khatu for the Petitioners.

Mr.P.G. Lad for Respondent Nos.1 to 4.

CORAM: SHANTANU KEMKAR AND SMT. ANUJA PRABHUDESAI, JJ.

DATE : SEPTEMBER 20, 2017 P.C.:- By this petition, the Petitioners are seeking directions to Respondent No.1 to carry out the physical inspection and to do certification of the eligible tenants / occupants in the rooms of structure No.105-M and issue certified list of the eligible tenants / occupants who are entitled to permanent alternate accommodation. The Petitioners are also seeking directions to the Respondents to immediately take necessary steps for summary eviction under the provisions of Section 95A of the Maharashtra Housing and Area Development Act, 1976 upon

2 908) wpl2355-17.doc certification of the eligible tenants / occupants against the occupiers of the rooms in structure No.105-M who are certified as eligible tenants / occupants.

2.

Learned counsel for the Respondents, on instructions, submits that on the Petitioners submitting the necessary documents before the Respondents, the Respondents shall take necessary steps for certification within two weeks from the date of receipt of such documents from the Petitioners. After certification, necessary steps as required under the provisions of Section 95A of the Maharashtra Housing and Area Development Act, 1976 shall also be taken by the Respondents in accordance with law.

3.

In view of the aforesaid stand being taken by the Respondents, we dispose of this petition by directing the Petitioners to submit the necessary documents within one week to the Respondents and direct the Respondents to proceed in the matter as aforesaid, as expeditiously as possible.

4.

With the aforesaid directions, the petition is disposed of. (SMT.ANUJA PRABHUDESAI, J.) (SHANTANU S.KEMKAR, J.)