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2015 Supreme(Bom) 111

MOHIT S.SHAH, B.P.COLABAWALLA
Vijay Shantaram Mandavkar – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared
For the Petitioners:G.S. Godbole, Abdul Latif N. Khatri, Advocates.
For the Respondents:R1, R.J. Mane, Asstt. Govt. Pleader, Ravi Kadam, Senior Advocate with P.G. Lad, Aparna Murlidharan, R3, Pravin Samdani, Senior Advocate, with P.K. Dhakephalkar, Senior Advocate, Saket Mone i/b Vidhi Partners, R5 to R8, Zal Andhyarujina, Kunal Dwarkadas, Stuti Gadodia i/b. Kanga & Co., R9, A.Y. Sakhare, Senior Advocate, T.H. Puranik, Advocates.

JUDGMENT

Mohit S. Shah, CJ.

1. This petition under Article 226 of the Constitution of India challenges the notices/orders of eviction issued by Maharashtra Housing & Area Development Authority (MHADA) in respect of a redevelopment project and also permissions granted by other statutory authorities from time to time. Under the said project, the petitioners are offered alternative permanent accommodation on the same land, but the petitioners have nonetheless challenged the notices and orders of eviction.

2. The facts leading to filing of this petition, broadly stated, are as under:

(a) The subject matter of controversy in the present petition is a project for redevelopment of the following properties in Parel-Sewree Division popularly known as Dr. Vier's Wadi / Kale Wadi at G.D. Ambedkar Marg, Mumbai, under Regulation 33(7) of the Development Control Regulations for Greater Mumbai, 1991 (DCR):

Sr.Nos.

Description of Property

Area in sq.mtrs.

1.

CS No.189 (Part)

9,915 sqm.

2.

CS No.197 (Part)

6,876 sqm.

 

Total

16,791 sqm.

Both the properties have been a
























































































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