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2012 Supreme(Bom) 1181

MOHIT S.SHAH, N.M.JAMDAR
Radhika George – Appellant
Versus
Maharashtra Housing and Area Development Authority – Respondent


Advocate Appeared:
For the Appellants:Rajiv Kumar, Senior Advocate with Sheetal Kumar, Amit Karkhanis & Priyanka Davka i/b Kay Legal and Associates, Advocates.
For the Respondent:R1 & R2, P.G. Lad, learned AGP, R4, Aspi Chinoy, Senior Advocate with Ranjit Thorat i/b Prabhanjan Gujar, R5, P.K. Samdani, Senior Advocate i/b Prabhanjan Gujar, R6, Soli Cooper, Senior Advocate with R.D. Soni i/b Bipin Joshi, Advocates.

Judgment :-

N.M. Jamdar J.

1. The appellants who are the original petitioners in Writ Petition (Lodging) No.2529 of 2011 have filed the present appeal challenging the order passed by the learned Single Judge dated 24th April 2012 disposing of the Writ Petition with certain directions. The appellants, in the Writ Petition had challenged the order of the Executive Engineer of MHADA - respondent no. 2 in the proceedings under section 95A of Maharashtra Housing and Area Development Authority Act, (for short ‘The Act”) directing the appellants to vacate the premises in their occupation. The appellants are aggrieved by the order of the learned Single Judge inasmuch as it does not grant protection to the appellants in respect of their possession over the structures in question.

2. The subject matter of dispute is redevelopment of the property bearing CTS No.1269 at Rajawadi, Ghatkopar (East). The petitioners are owners of tenements situated therein and members of Chittaranjan Nagar, Vidya Co-operative Housing Society (the Society) Limited. The Chairman and Secretary of the Society are respondent No.4 and 5 in this Petition. The Society had initiated redevelopment of the structures and had


























































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