SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Bom) 320

UJJAL BHUYAN, MADHAV J.JAMDAR
H. I. M. S. Botawala Charities – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sharan Jagtiani, Senior Advocate a/w. Ms. Surabhi Agarwal,
Mr.Kaizer Merchant and Ms. Nidhi Salian i/b. Apex Law Partners
For the Respondent: Mr. Himanshu B. Takke, Mr. P. G. Lad a/w. Ms. Aparna Kalathil and Ms. Priyanka Naik, Adv.

JUDGMENT :

Ujjal Bhuyan, J.

Heard Mr. Jagtiani, learned senior counsel for the petitioners;

Mr. Takke, learned AGP for respondent Nos.1, 2 and 7-State; and Mr. Lad, learned counsel for respondent Nos.3 to 6-MHADA.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 21.12.2006 issued by the Special Land Acquisition Officer, Maharashtra Housing and Area Development Authority, Mumbai i.e., respondent No.6 and further seeks a direction to the respondents for release of the entire property of the petitioners from acquisition.

3. Be it stated that vide order dated 21.12.2006, respondent No.6 in exercise of powers conferred by sub-section (5) of section 93 of the Maharashtra Housing and Area Development Act, 1976 (briefly “the MHADA Act” hereinafter) sanctioned the acquisition proposal forwarded by the Mumbai Building Repairs and Reconstruction Board for compulsory acquisition of the land described in the schedule thereto.

4. Before adverting to the impugnment, it would be apposite to briefly set out the relevant facts as pleaded as well as the orders passed by this Court from time to time in the present writ proceeding.

4.1. Petiti

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top