Eknath Sitaram Chavan Through Chandrakant Eknath Chavan v. The State Of Maharashtra Through Its Secretry Houdinh And Area Development

3.CONPW.104.2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.104 OF 2024 IN WRIT PETITION NO.3113 OF 2015

1. Chandrakant Eiknath Chavan

2. Safiya Khatoon Mohammed Husain Inamdar Petitioners versus

1. The State of Maharashtra

2. MHADA

3. The Chief Executive Officer, MHADA

4. Deputy Chief Engineer, City-II, MCGM

5. ISA Enterprises Respondents _______ for Petitioner.

Ms.Anjali Ghuge for Respondent no.4 MCGMfor Respondent _______

CORAM:

G.S.KULKARNI & AARTI SATHE, J.

DATE:

22nd January 2026 P.C.

1.

We are informed that an application has been made by the concerned tenant i.e. Petitioner no.2 to the MHADA, which is required to be decided by the Competent Authority of MHADA as per directions of this Court contained in paragraph 41, which reads thus :

"41.Four premises, i.e. Room Nos.1, 7, 12 an 16 which are the subject matter of Writ Petition No.3113 of 2015 require separate provisions because the original tenants of these four rooms have passed away and there are claims made by persons who say they are the heirs of the original tenants. Neither Isa Enterprises or MHADA can possibly adjudicate a question of heirship of a tenancy. These persons claiming to be heirs of original tenants must therefore either obtain an order of court of competent jurisdiction or must submit to MHADA and to Isa Enterprises appropriate binding documentation recording their MANISH SURESHRAO THATTE Date: 2026.01.22 13:30:50 +0530 MANISH SURESHRAO THATTE Manish Thatte

3.CONPW.104.2024.DOC agreement inter se that they are the only heirs of the deceased tenants of the premises in question and must fully indemnify the MHADA and Isa Enterprises from all claims by any other persons. In the first instance, if there is such documentation it is to be submitted to MHADA for scrutiny and verification by its Legal Department/Counsel. Once that is approved by MHADA, Isa Enterprises will accept it and will act upon it." 2.

As to why such application was pending also needs to be informed to the Court on the adjourned date.

3.

In the mean time, the Petitioner no.2 shall at the first instance approach the Competent Authority of MHADA with all documents along with a copy of the application tomorrow at 3.00 p.m. 4.

The Competent Authority thereafter shall hear Petitioner no.2 on a convenient day and take an appropriate decision on such application on or before the adjourned date. All contentions of the parties are expressly kept open. Such decision be placed on record on the adjourned date. 5.

Stand over to 9th February 2026. High on board. (AARTI SATHE, J.) (G.S.KULKARNI, J.) Manish Thatte