Jinesh Vora v. Maharashtra Housing Area And Development Authority (Mhada)

908- WPL-31817-25.DOC JYOTI RAJESH MANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JYOTI RAJESH MANE Date: 2025.10.17 18:41:32 +0530 WRIT PETITION (L)NO.31817 OF 2025 Jinesh Vora & Anr.

...Petitioners

Versus

Maharashtra Housing Area and Development Authority & Ors.

...Respondents

_______ Mr. Santosh Pathak, a/w. Ms. Riya Mourya, i/b. Law Origin for Petitioners. Mr. Jenish D. Jain a/w. Mr. Sumit Kate,a/w. Mr. Hrishikesh Nabar h/f. Dr. Uday Warunjikar, for MHADA.

Mr. Viraj Jadhav i/b. Kevin Pereira, for Respondent No.4. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

16th October 2025 P.C.

1.

We have heard Mr. Singh learned counsel for the Petitioner. Respondents are served. Copy of the acknowledgment is placed on record. 2.

Let the affidavit of service be also placed on record within one week from today. Considering the nature of the orders which we intend to pass no prejudice would be caused to Respondents.

3.

The only contention of the Petitioners is that the Petitioners have filed an Appeal before the Vice President of the Mumbai Building Repairs and Reconstruction Board (For short 'MBRRB') MHADA. The grievance of the Petitioners is that the mezannine floor is not included in the certified list by Respondent No.3 prior to the demolition of the said shop and the said shop has now been demolished but it is submitted that admittedly, there was a measurement Mane

908- WPL-31817-25.DOC prior to the demolition. However, rightful entries are not made in this view of the matter and therefore there is a prejudice being caused to the Petitioners in the subject matter of the Appeal. Appeal was filed on 23rd September 2024, however the same has not been taken up for hearing.

4.

In our opinion, as this is the only relief, we are inclined to dispose of this Petition in terms of the following order:-

1) The Appellate Authority/Vice President, MBRRB MHADA i.e. Respondent No.2 is directed to expeditiously decide the Appeal filed by the Petitioner in accordance with law and within a period of 6 weeks from the date the copy of this order is placed before the Appellate authority.

2) All contentions of the parties are expressly kept open.

3) Disposed of. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane