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2016 Supreme(Bom) 2213

D.H.WAGHELA, M.S.SONAK
Pant Nagar Mahatma Phule Coop. Hsg. Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. A.V. Anturkar, Mr. Tushar Kochale
For the Respondents: Mr. M.V. More, Mr. P.K. Dhakephalkar, Mr. P.G. Lad, Ms. Murlidharan, Mr. J.G. Reddy, Mr. G.S. Gobdole, Mr. S.B. Pawar, Ms Swati Sawant, S.K. Legal Associates, Mr. V.A. Thorat

JUDGMENT :

M.S. Sonak, J.

1. Rule in both the petitions. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith.

2. The Hon'ble Supreme Court by its order dated 1 October 2015 in petition for special leave to appeal arising out of Diary No. 30817 of 2015 has requested this Court to dispose of S.W.P. No. 1416 of 2015 (Lodging No.), which corresponds to Writ Petition No. 2162 of 2015 within a period of six months, on its own merits and uninfluenced by the orders impugned in the said petition for special leave to appeal.

3. In these petitions, we are concerned with property bearing CTS Nos.190/1 to 190/8 and 190/9 (pt.) situated at Pant Nagar Ghatkopar (E), Mumbai400 075, which is admittedly owned by the Maharashtra Housing and Area Development Authority (MHADA), a statutory authority constituted under the Maharashtra Housing and Area Development Act, 1976 (MHADA Act). There is however, a dispute between the contesting parties as to whether the property bearing CTS No.190/9 (pt.) admeasuring 4355 sq. mtrs., includes, the property bearing CTS Nos. 190/1 to 190/8 or whether the property bearing CTS Nos.190/1 to 190/8 constitutes differen














































































































































































































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