2025:BHC-OS:13258 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3204 OF 2019 Sugee Developers ] Through its proprietor ] Nishant Deshmukh ] Having its address at 3^rd Floor, Nirlon ] House, Opp. Sasmira College, Dr. Annie ]

Besant Road, Worli, Mumbai 400 030. ] … Petitioner Versus

1. The State of Maharashtra ]

through the Additional Chief Secretary ] Housing Department, Government of ] Maharashtra, having its office at New ] Administrative Building, Hutatma Rajguru ] Chowk, Madame Kama Marg, ] Mumbai 400 032. ]

2. Maharashtra Housing and Area ]

Development Authority ] a Statutory Authority constituted under the ] provisions of the Maharashtra Housing & ] Area Development Act, 1976, having its ] Office at Griha Nirman Bhavan, Bandra ] (East), Mumbai 400 051. ]

3. Mumbai Building Repairs and ]

Reconstruction Board (MHADA Unit) ] constituted under the MHADA Act, 1976 ] having its office at Griha Nirman Bhavan, ] Bandra (East), Mumbai 400 051. ]

4. Municipal Corporation of Greater Mumbai ]

a statutory corporation constituted under ] the Mumbai Municipal Corporation Act, ] 1888, having its office at ] Mahapalika Marg, ] Opp. C.S.T., Mumbai 400 001. ]

Digitally signed by ASHWINI 5. The Executive Engineer ]

ASHWINI H H GAJAKOSH GAJAKOSH Date: G/North Division, Mumbai Building ]

2025.08.12

19:56:09 Repair and Reconstruction Board ]

+0530 Having office at Sonawala Building ] S.A. Palav Marg, Shindewadi, ] Dadar (East), Mumbai 400 014. ]

6. Aliasagar Razaalil Zaboli ]

Residing at Flat No.503, 504, 505 ] Sugee Sadan, Gokhale Road (South), ] Baburao Parulekar Marg, Dadar (West) ] Mumbai 400 028. ]

7. Aliakbar Razaali Zaboli ]

Residing at Flat No.503, 504 & 505 ] Sugee Sadan, Gokhale Road (South), ] Baburao Parulekar Marg, Dadar (West), ]

Mumbai 400 028. ] … Respondents Mr. Aditya Miskita a/w. Adv. Sanjeel Kadam, Adv. Netra Jagtap i/by Kadam & Co. for the Petitioner.

Mr. Akshay Patkar, AGP, for the Respondent No.1-State.

Mr. P.G. Lad a/w. Adv. Aparna Kalathil, Adv. Sayali Apte, Adv. Anjali Maskar for Respondent Nos.2, 3 and 5-MHADA.

Ms. Anuja Tirmali i/by Adv. Komal Punjabi for Respondent No.4-BMC.

Mr. Dinesh Kumar Bishnoi for Respondent No.6.

CORAM : KAMAL KHATA, J.

RESERVED ON : 4^th August , 2025.

PRONOUNCED ON : 12th August, 2025 JUDGMENT:

1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to quash the impugned Order dated 26^th April 2019, passed by the Additional Chief Secretary of Housing Department in Second Appeal, and to restore the earlier Order dated 9^th November 2015 passed by the Vice President and CEO of MHADA. 2) The Petitioner is the owner and developer of property bearing F.P. No.400, TPS IV, Mahim Division situated at Gokhale Road - South, Dadar - West, Mumbai 400 028 which includes an old cessed building formerly known as ‘Mohammadi Mansion’ (now Sugee Sadan) purchased on 27^th December 2009. The building was fully tenanted at the time of purchase.

3) The controversy pertains to Room No.16-B an enclosed space under a staircase on the ground floor admeasuring 3.39 square metres (36.50 square feet). The issue is whether the Respondent No. 6 is entitled to tenancy rights for this space.

4) The Order under challenge directs MBRRB to recognize Respondent No. 6 as a tenant of Room No. 16-B based on:

i. Rent receipts issued in the name of Razaali Zaboli (Jan–Feb 1999) and in the name of Munnawar Bloor (Jan 2008, Sept 2010, Oct 2010);

ii. MCGM inspection extract for 1995–96 showing Room

16-B as residential with rent of ₹16.50;

iii.BMC assessment of Room 16-B prior to 1995.

5) Besides these documents, the Order also relies upon the list of occupants in Annexure -B to the registered Deed of Conveyance dated 27^th December 2009, executed between the original landlords, Ms. Sherbanoo Mahomed Oomer and the proprietor of M/s. Sugee Developers, wherein the name of Respondent No.6’s mother is shown as occupant of Room number

16-B.

6) The impugned Order sets aside the two concurrent findi