Prabha Atmaram Anande v. The State Of Maharashtra By Government Pleader

8.WP719_ 2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 719 OF 2024 Prabha Atmaram Anande & Ors.

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Petitioners

Versus

The State of Maharashtra & Ors.

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Respondents _______ Mr. Assem Naphade a/w. Deepanjali Mishra, Manohar Shelar, Sahil Salvi i/b. Omar Khaiyam Shaikh for the petitioners.

Ms. Sheetal Malvankar, AGP for the State.

Mr. P.G. Lad a/w. Ms. Sayali Apte, Mr. Murli Kalathil and Ms. Anjali Maskar for respondent no. 2-MHADA.

Mr. Pardeshi, Sectional Engineer present.

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CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

3 December 2025 P.C.

1.

We have heard learned counsel for the parties. 2.

On the backdrop of our earlier order, today Mr. Lad, learned counsel for MHADA has placed on record the notice issued by MHADA to respondent no. 5 under section 91-A of Maharashtra Housing and Area Development Act, 1976, wherein respondent no. 5 has been categorically called for to start the work of new building and pay the up-to-date outstanding rent to the tenants/occupiers within 15 days after the receipt of the said notice, failing which, further procedure to acquire the property under section 91-A of the MHAD Act shall be initiated. Such notice has been received by respondent no. 5. Thus, further appropriate steps

8.WP719_ 2024.DOC would be now required to be taken and in that regard MHADA would be required to be satisfied.

3.

In this view of the matter, we adjourn the proceedings to 22 December, 2025 so that by such time, compliance of the said notice can be informed to us on behalf of MHADA. All contentions of the parties are expressly kept open. 4.

At this stage, learned counsel for respondent no. 4-landlord submits that the copy of the notice has not been served on him. We have requested Mr. Lad to handover the copy of said notice to the advocate for respondent no. 4. 5.

We also permit respondent no. 4 to make a representation in that regard to the Chief Officer of the MHADA in response to the said notice and to place all his contentions before the Chief Officer, so that appropriate decision which will be taken would be informed to the Court on the adjourned date of hearing. 6.

Reply affidavit on behalf of respondent no. 5 is taken on record. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 04/12/2025 15:47:44