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2013 Supreme(Bom) 120

MOHIT S.SHAH, ANOOP V.MOHTA
Nahur Vivekanand Cooperative Housing Society Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Dr. MILIND SATHE, Senior Advocate with Mr. MUKUL TALY, Mr. SHEIKH YUSUF ALI i/by M/s. S. MAHOMEDBHAI & CO. for the Petitioners.
Mr. Y.R. MISHRA for Respondent no. 1.
Mr. NIRANJAN PANDIT, AGP for State.
Ms. SHEELA TAMBE with Ms. YAMUNA PAREKH for Respondent No.4-BMC.
Mr. ALTAF KHAN i/by ANJALI AWASTHI for the Applicants.

JUDGMENT

Rule, Respective counsel waive service of Rule.

2. In the facts and circumstances of the case, the writ petition is taken up for final hearing forthwith.

3. Petitioner No.1 is a Cooperative Housing Society of occupants of buildings which were constructed by Maharashtra Housing and Area Development Authority (MHADA). MHADA has permitted the Petitioner No.1-society to redevelop the property under Regulation 33(5) of the Development Control Regulations for Greater Mumbai, 1991. Petitioner No.2 is the developer which has been given the development rights on the above land in Nahur, Mulund (West), Mumbai. The land admeasures 6164 square meters as per the property card.

4. By now, all the eight buildings which were constructed by MHADA have been demolished and 160 members of Petitioner No.1-Society have been shifted to transit accommodation or have been provided compensation by way of fixed rental amount to enable the members to take rented premises on their own as a temporary arrangement till new buildings are constructed by Petitioner No.2-developer. So far the Petitioners have applied for and have been granted building permission for rehabilitation buildings and free sale buildin


























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