BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
SAIFEE EBRAHIM KHANBATTI – Appellant
Versus
MAHARASHTRA HOUSING and AREA DEV.BOARD – Respondent
WP 5446/1995
DSS
219-wp-5446-95 (S.M. 15.2.16)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5446 OF 1995
Saifee Ebrahim Khambati
.. Petitioner
vs.
Maharashtra Housing and
Area Development Board and ors.
.. Respondents
Ms Varsha Palav for the Petitioner.
Ms Kranti S. Anand for Respondent No.3.
Mr. Vinay Bharge i/b Utangale & Co. for Respondent No.4.
CORAM :
M. S. SONAK, J.
DATE : 22 JANUARY 2016.
P.C. :
1]
This matter was called out earlier, at the request of learned
counsel appearing for Respondent No.4, the matter was kept back
upto 4.00 p.m. At 4.00 p.m., learned counsel for the Petitioner and
learned counsel for Respondent No.3 were heard. At this stage, Mr.
Vinay Bharge who appears for Respondent No.4, once again applied
for adjournment. After the matter is heard, there is no question of
grant of any further adjournment in the matter. Therefore, there is
no option but to proceed with final disposal of this petition.
2]
The Petitioner, in the present petition, had a structure which
was consumed for purposes of road widening. In terms of the policy
then existing, by allotment letter dated 3 January 1981, the
Maharashtra Housing Area and Development Board (MHADA)
This order is corrected in pursuance of
speaking to minutes order dated 15/2/2016
1/9
DSS
219-wp-5446-95 (S.M. 15.2.16)
allotted the Petitioner Plot No. F12, admeasuring 136 sq. ft (suit
plot). However, though the allotment order was issued, the actual
possession of the suit plot was never granted to the Petitioner. The
Petitioner therefore, made several representations and took out
several proceedings for the purposes of obtaining the physical
possession of the suit plot in terms of allotment letter dated 3
January 1981.
3]
Ultimately, it transpired that the suit plot was in possession of
Respondent No.3 and therefore, the possession thereof could not be
handed over to the Petitioner. The authorities, took up a plea that it
is the Petitioner, who has sublet the suit plot in favour of
Respondent No.3. On this basis, a chargesheet was filed against
both the Petitioner as well as Respondent No.3, alleging therein that
the Petitioner has unlawfully sublet the suit plot to Respondent No.3
and that the Respondent No.3 is an unauthorised occupant in
respect of suit plot.
4]
In pursuance of certain orders made by this Court, the charge
sheet was disposed of by the competent authority, MHADA vide
judgment and order dated 5 August 1994. In the said judgment and
order, the following issues came to be framed :
This order is corrected in pursuance of
speaking to minutes order dated 15/2/2016
2/9
DSS
219-wp-5446-95 (S.M. 15.2.16)
Issues
Finding
1]
Whether the applicant made out
No
the case of subleting against
respondent No.1 and 2 as alleged ?
2]
Whether the applicant prove that
No.
the respondent No.2 is in
unauthorised possession of
plot No. F.12 ?
3]
Whether the respondent No.2
Yes
proved that censused structure
being pitch No. 257 is on the
same plot No. F12 S.G. Barve
Marg is regularised under census
in 1976 and the same has been
protected as per Govt. Circular
No. SCS 11176 D4, dt. 4.2.76 ?
4]
Whether the respondent No.1 is
No
entitled to get the possession
of land of a plot No. F12,
which occupied or in possession
of respondent No.2 ?
5]
What relief order and cost.
As per order.
5]
The Petitioner, instituted an appeal before the appellate
authority being Appeal No. 167 of 1994, by the judgment and order
dated 5 December 1994, the appeal was however, dismissed.
6]
This petition is therefore, directed against the orders dated 5
August 1994 and 5 December 1994 made by the competent
authority and the appellate authority.
This order is corrected in pursuance of
speaking to minutes order dated 15/2/2016
3/9
DSS
21
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.