Bombay High CourtWP/2243/2023disposed off

Pratibha W/O Subhash Mehta v. Maharashtra Housing And Area Devpt. Authority, Thr. Vice-President And C.E.O., Mumbai And Others

2023-04-06Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice M. W. Chandwani2 pages

wp2243.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2243 OF 2023 Pratibha w/o Subhash Mehta, aged about 69 years, occupation :

retired Government employee, r/o Gala No.M-39, MHADA Colony, 50-MIG, Vigyan Nagar, Manewada, Nagpur-34.

...

Petitioner - Versus -

1) Maharashtra Housing and Area Development Authority, through its Vice President and Chief Executive Officer, Gruha Nirman Bhawan, Bandra, Mumbai-51.

2) The Nagpur Housing and Area Development Authority, through its Chief Executive Officer, Civil Lines, Nagpur.

3) The Estate Manager, The Nagpur Housing and Area Development Authority, Civil Lines, Nagpur.

4) The Controlling Officer (Conveyance), The Nagpur Housing and Area Development Authority, Civil Lines, Nagpur.

... Respondents ----------------- Shri S.V. Sohoni, Advocate for petitioner.

Shri H.V. Verma, Advocate for respondent nos.1 to 3. ----------------

wp2243.23 CORAM : A.S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATED : APRIL 6, 2023 ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :

Rule. Rule is made returnable forthwith. Shri Verma, learned Counsel waives notice for the respondent nos.1 to 3. Service of notice on respondent no.4 is dispensed with. 2) The learned Counsel for the parties submit that the issue raised in this writ petition has been considered in Writ Petition No.5327/2018 (Chandrakant s/o Rajhans Dhore vs. State of Maharashtra, through its Chief Secretary, Housing Department, Mumbai) on 25/7/2019. It is thus urged that in the light of that order dated 25/7/2019, the petitioner would be required to pay the value of the additional piece of land at the rate of Rs.1305/- per square metre with interest at the rate of 6% per annum from the date of allotment of the original plot till the date of payment. 3) The writ petition is disposed of in the aforesaid terms for the reasons recorded in the earlier order dated 25/7/2019. Rule accordingly. No costs.

JUDGE JUDGE khj JESWANI