Meenaben Bhupendra Bharucha And ORS v. Maharashtra Housing And Area Development Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5168 OF 2026 Meenaben Bhupendra Bharucha and Ors.

...Petitioners

Vs.

Maharashtra Housing and Area Development Authority and Ors.

...Respondents

***** Mr. Nirman Sharma a/w Ansh Karnawat i/by Uma Sharma for Dharam and Co. - Advocate for the Petitioners Mrs. Manisha Jagtap - for the Respondent-MHADA Mr. Bhavi Manek i/by Mr. Sharad Wakchoure - For Respondent No. 5. ***** CORAM :

M. S. KARNIK AND S. M. MODAK, JJ.

DATE :

20th APRIL 2026 P. C. :- 1.

Heard learned counsel for the Petitioners, learned advocate for MHADA and learned Advocate for Respondent No. 5. 2.

The grievance of the Petitioners is that MHADA is not executing the order dated 11th March 2026. It is further submitted that neither the rents are paid by Developer nor tripartite agreements are executed. Digitally signed by SEEMA KSHITIJ YELKAR Date:

2026.04.20 18:56:18 +0530 SEEMA KSHITIJ YELKAR 1/3

3.

The learned counsel for Respondent No. 5 submitted that against the order dated 11th March 2026, an appeal has been preferred before the Vice President of the MHADA. There is no doubt that the order passed by MHADA has to be complied with. 4.

Since the same has been challenged before the Vice President of MHADA by the Developer, we direct the Vice President of MHADA to decide the appeal within a period of four weeks from 27th April 2026, when the Petitioners as well as the Respondent No. 5 shall appear before the Vice President at 11.00 a.m.. 5.

In the meantime, the Developer shall pay admitted amount of rent without prejudice to the rights and contentions of the Petitioners. The cheques to aforesaid extent are ready and same shall be handed over to the Petitioners.

6.

Further learned counsel for Respondent No. 5, on instructions, submits that so far as tenements of the Petitioners are concerned, they are secured and they shall be kept vacant for being handed over to the Petitioners. Statement accepted. Learned counsel for Respondent No. 5 submitted that the registered agreements have already been executed between the Petitioners and Respondent No. 5. 2/3

7.

In view of the above and keeping all contentions open, the petition is disposed of.

8.

We have not expressed any opinion on the merits of the rival contentions.

9.

List the matter on 10th June 2026 for compliance. (S. M. MODAK, J.) (M. S. KARNIK, J.) 3/3