Nehru Nagar Sunil Chs Ltd. v. Maharashtra Housing And Area Development Authority (Mhada)

925-OSWP-325-2024.DOC Ganesh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.04.02 10:43:50 +0530 GANESH SUBHASH LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 325 OF 2024 Nehru Nagar Sunil CHS Ltd

...Petitioner

Versus

Maharashtra Housing and Area Development Authority (MHADA) & Ors

...Respondents

Mr SP Thorat, with GB Walwalkar, for the Petitioner. Dr Uday Warunjikar, with Jenish Jain, for the Respondent-MHADA. Mr VB Dhingreja, i/b VJ Juris, for Respondent No 3. Mr Rahul B Vijaymane, with SM Shah, for Respondent No 5.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

1st April 2024 PC:- 1.

Mr Thorat states that there is an Afodavit on behalf of the Society. It states that if directed by the Maharashtra Housing and Area Development Authority and if Respondents Nos 4 to 8 are found eligible then the Society has no objection to those eligible persons being re-accommodated in the redeveloped building. This is sufocient to dispose of the Petition.

1st April 2024

925-OSWP-325-2024.DOC 2.

Obviously, until Respondent Nos 4 to 8 vacate the premises, the redevelopment cannot begin. We cannot fix a time to vacate because eligibility is yet to be decided.

3.

The Petition is disposed of in these terms. No order as to costs.

4.

Mr Thorat's Afodavit is to be filed in the Registry. 5.

Liberty to apply if required after eligibility is decided. (Kamal Khata, J) (G. S. Patel, J) 1st April 2024