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1992 Supreme(Bom) 170

A.A.CAZI
Jagdischandra D. Patel & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - A.A. CAZI, J.:---This is in respect of property situated at 97, Walkeshwar Road, Bombay 400 006. The three petitioners are tenants in different portions of the buildings. Respondents Nos. 6, 7 and 8 are the landlords owners. Undisputedly the buildings are in a dilapidated condition since 1970. History prior to 11th April, 1986 need not be referred to for the purpose of understanding the dispute in question. On 11th April, 1986 the tenants applied to the third respondents (Maharashtra Housing and Area Development Board) for action under Chapter VIIIA of the Maharashtra Housing and Area Development Act, 1976. Under the provisions of the chapter, a co-operative Society formed or proposed to be formed by not less than 70% of the occupiers in a cess building, may request the Board to move the State Government to acquire the land together with the existing building thereon and then to acquire right or interest of the owner for reconstruction of a new building in lieu of the old one at their own costs. The third respondents, submitted the tenants' proposal to respondent No. 1 (State of Maharashtra). On 28th August, 1986 respondent No. 1 passed a resolution approving the tenants





















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