MOHIT S.SHAH, N.M.JAMDAR
Radhika George – Appellant
Versus
Maharashtra Housing and Area Development Authority – Respondent
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
Shree Oswal Builders V State of Maharashtra 2008(3) AllMR 529
Union of India & ors. v Mohammad Ramzan Khan 1991 (1) SCC 588
Prakash Ratan Sinha V State of Bihar & ors. 2009 (14) SCC 690
Hindustan Petroleum Corporation Ltd. v Darius Shapur Chennai & ors. 2005 (7) SCC 627
Paygonda Survgonda Patil & ors. v Jingonda Surgonda Patil & ors. AIR 1968 Bom 198
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