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2014 Supreme(Bom) 590

S.J.VAZIFDAR, K.R.SHRIRAM
Official Trustee, State of Maharashtra – Appellant
Versus
Maharashtra Housing & Area Development Authority – Respondent


Advocates Appeared:
For the Petitioner:Kirit Hakani, Rahul Hakani, Advocates.
For the Respondents:R1, R2, M.D. Naik, MHADA & MBR&RB, R3, P.G. Lad, AGP, R4, Aspi Chinoy, Pravin Samdani, Senior Counsels with Vatsal K. Merchant, R5, Vinod Mahadik, Advocates.

JUDGMENT

S.J. Vazifdar, J.

1. Respondent No.1 is the Maharashtra Housing & Area Development Authority (MHADA). Respondent No.2 is the Mumbai Building Repairs & Reconstruction Board (MBR&RB). Respondent No.3 is the State of Maharashtra through the Urban Development Department (UDD). Respondent No.4 - M/s. Earth Design & Developers is the developer. Respondent No.5 is the Municipal Corporation of Greater Mumbai. ("BMC" or "Corporation")

2. The Official Trustee originally sought an order setting aside a notice dated 28th April, 2009, issued by respondent Nos.1 and 2 under section 95-A of the Maharashtra Housing & Area Development Act, 1976 (MHADA Act) issued in the name of the Poojari of the Shree Venkatesh Balaji Temple. The petition was amended twice. By the first amendment the Official Trustee also sought an order setting aside all the building plans, permissions, NOCs granted by respondent No.1 to 3 and 5 for the re-development of the temple. The Official Trustee sought an order setting aside the orders / permissions granted by MHADA and MBR&RB, whether under DC Regulation No.33(7) or under any other DC regulation for the re-development or development of the temple. Lastly, the Off






























































































































































































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