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 resolved to get the same done through respondent no.6 who is a developer. The appellants have opposed the redevelopment.

3. The events leading upto the filing of the Writ Petition have been enumerated in detail by the learned Single Judge in the impugned judgment from paragraph no.4 to 67 and the said events need not be reproduced in this judgment in detail again. Following important dates may be noticed for the purpose of disposal of this appeal.

4. Initially, 32 tenements were allotted to the employees of Bharat Petroleum, erstwhile Burmah Shell by the then Commissioner for Housing on the land bearing CTS No.1269 Village Kirol at-Taluka Ghatkopar in and around the year 1954. On 18th May 1987, the Government of Maharashtra came out with a policy permitting conversion of such tenement holders as owners. The appellants took benefit of the scheme and converted their occupation over the said tenements to ownership basis. The 32 allottees came together and formed Chittaranjan Nagar Vidya Co-operative Housing Society on 7th February 2000. On 26th May 2005, MHADA executed a lease deed in favour of the Society and also entered into a deed of sale. On 12th March 2006, the Society passed a resolution for redevelopment of the Society and appointed the respondent no.6 as the developer. Pursuant to the resolution, on 19 March 2006, a Memorandum of Understanding was entered into for redevelopment of the Society in favour of respondent no.6. The appellants opposed the said resolution and did not agree for redevelopment through respondent no.6 and asserted that they would redevelop the premises in their occupation on their own and sought for tit-bit land for that purpose. On 7th April 2006, the Estate Manager of the Board issued a letter to the Society that neither tit bit nor independently buildable land could be allotted to the individual members and can only be allotted to the Society. On 18th June 2006, pursuant to the resolution and Memorandum of Understanding, development agreement was entered into between the Society and respondent no.6 which was signed by 19 members of the Society. The appellants filed a suit in City Civil Court bearing No.2080 of 2006 challenging the letter dated 7th April 2006. The resolution dated 12 March 2006 appointing the respondent no.6 as developer was challenged by the appellant in the Cooperative Court, Bombay by case bearing No.CC/1115 of 2006. The appellants also filed a suit No.5556 of 2006 challenging the Memorandum of Understanding dated 19th March 2006 in favour of respondent no.6. The appellants did not get any interim order in all these proceedings. On 19th September 2006, the Society submitted a proposal to the Chief Officer of MHADA for redevelopment. On 17th April 2008, an offer letter was issued by MHADA to the Societ