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2023 Supreme(Bom) 2157

SUNIL B. SHUKRE, RAJESH S. PATIL
Aniruddha Tukaram Anavkar – Appellant
Versus
Maharashtra Housing And Area Development Authority – Respondent


Advocates appeared:
Kevic Setalvad, Advocate, Mihir Desai, Advocate, Janhvi Durve, Advocate, Sonal, Advocate, Nisha Shah, Advocate, Narendra Dewansh, Advocate, Kalpesh Joshi, Advocate, Birendra Saraf, Advocate, P.G.Shreya Shah, Advocate, Aparna Kalathil, Advocate, Sayli Apte, Advocate, Dushant Pagare, Advocate, Akshay Kandarkar, Advocate, Rajesh S.Datar, Advocate, Milind Sathe, Advocate, Cyrus Ardeshir, Advocate, Alya Khan, Advocate, Chandni Dewani, Advocate, Anup Deshmukh, Advocate, Vashi, Advocate, Milind V.More, Advocate, Hemant Haryan, Advocate, L.T.Satelkar, Advocate, Amogh Singh, Advocate, Oorja Dhond, Advocate, S.K.Sonawane, Advocate

JUDGMENT/ORDER

SUNIL B. SHUKRE, J. - These petitions filed by the occupiers-tenants of "Dattatraya Buildings", standing on the land bearing City Survey No. 310, Tardeo Division, Tukaram Javji Road, Grant Road (West), Mumbai 400 007, ("Subject Property", for short), seek quashing and setting aside of the Notification dtd. 8/3/2016, issued by respondent No. 3 - the Special Land Acquisition Officer, Mumbai Repair and Reconstruction Board, MHADA, Mumbai, whereby the Notification issued by respondent no.3 on 5/8/1994 for acquisition of the subject property in terms of Sec. 103-B(5) of the MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT , 1976, ("Act 1976", for short), came to be cancelled.

2. It is the contention of the petitioners that there were in all seven buildings, which were commonly known as "Dattatraya Buildings", constructed in early 1920's. Due to neglect by their owners, i.e. respondent Nos. 4 to 9, the subject property deteriorated in condition. The buildings were declared to be cessed buildings and the state of disrepairs became so acute that the majority of the occupiers-tenants of Dattatraya Buildings felt the need for redevelopment and reconstruction of all the buildings

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