Ajit Developers Pvt. Ltd. And ANR v. Maharashtra Housing And Area Development Authority, Mhada

902 wp 508 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.508 OF 2018 Ajit Developers Pvt. Ltd. And Anr.

...

Petitioners versus Maharashtra Housing and Development Authority ...

Respondents Mr. G.S.Hegde i/by Ms. Pinky Bhansali, for Petitioner. Mr. P.G.Lad, for MHADA.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE:

22nd AUGUST, 2019 P.C.:

1.

The grievance of the Petitioners is that the repair work of the building which the Petitioners owned, was carried out by MHADA without service of notice to them. Through the Afdavit in Reply and through an Advocate, MHADA has taken a stand that such repair work is over, that as of now, no part of the recovery of the costs of repair would be made from the Petitioners. In that view of the matter, the cause has become infructous. However, it is clarified that if the petitioners apply for redevelopment in future and at that point of time or at any other stage, if MHADA raises recovery of the amount spent towards the said repair work, it would be open for the Petitioners to take legal option for which all contentions of SSP 1/2

902 wp 508 of 2018.doc both the sides are kept open.

2.

The Writ Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2