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2024 Supreme(Online)(Bom) 1201

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
SNEHAL SHAILESH BORANA – Appellant
Versus
ADDITIONAL DIVISIONAL COMMISSIONER KONKAN DIVISION MUMBAI AND ORS – Respondent


Advocates:
Mr. Mandar Soman i/b. Mr. Sahil Mahajan for the Petitioner. Ms Tejas Kapre, AGP for Respondent Nos.1 and 2-State. Mr. Satish Adsul for Respondent Nos.3 and 4.

JUDGMENT:

1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final MEGHA disposal.

2) Petitioner has challenged orders dated 2 November 2023 passed by the Competent Authority, Rent Control Act Court, Konkan Division, Mumbai, directing him to handover possession of the Flat to Respondent Nos. 3 and 4 with further direction to pay damages at the rate of double the license fees from 18 October 2021 till delivery of the possession. The Competent Authority’s order dated 2 November 2023 has been confirmed in Revision by Additional Divisional Commissioner, Konkan Division by dismissing Revision Application No.664 of 2023 vide order dated 26 March 2024, which is also subject matter of challenge in the present Petition.

3) Briefly stated, facts of the case, as pleaded by Respondent Nos. 3 and 4 in the eviction application, are that they are the owners of Flat No.1304, Building No.68, Kurla Sahayog Co-operative Housing Society, Nehru Nagar, Kurla (East), Mumbai- 400 024 (the Flat). Leave and License Agreement dated 1 December 2019 was executed between Respondent Nos. 3 & 4 and Petitioner granting license in

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