Judgment

VENKATARAMIAH, J. :- This appeal by special leave is filed against the judgment dated November 8, 1983 in Writ Petition No. 4192 of 1981 by which the High Court declared sub-sec. (3) and sub-sec. (4) of S. 44 of the Maharashtra Housing and Development Act, 1976 (Maharashtra Act No. XXVIII of 1977) (hereinafter referred to as the Act) as void and gave certain ancillary directions.

2. One Mohanlal Fakirchand Khetan was the owner of a piece of land measuring 3.98.60 hectares bearing Survey No. 28 at village Bhushi in Maval taluka of Pune district having purchased it under the sale deed dated January 18, 1966. The said land is, however, situated within the municipal limits of Lonavala town. Mohanlal Fakirchand Khetan died on May 18, 1976 leaving behind him his widow, respondent No. 1, and children, respondents Nos. 2 to 5, as his heirs. On August 1, 1978 the Maharashtra Housing and Area Development Authority (hereinafter referred to as the Authority) established under section 3 of the Act wrote a letter to the Municipal Council, Lonavala seeking information regarding its needs for providing housing accommodation to economically weaker sections and to persons belonging to low inc