Bombay High Court
Jahangu Mistry And 4 Ors vs Rusi Postwalla And 15 Ors on 21 July, 2022
Author: R. D. Dhanuka
Bench: R. D. Dhanuka
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902 - WP 947 OF 2020 with connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN Digitally
by KANCHAN
signed
ORDINARY ORIGINAL CIVIL JURISDICTION
VINOD VINOD MAYEKAR
MAYEKAR Date: 2022.07.26
10:52:57 +0530
WRIT PETITION NO. 947 OF 2020
Rusi Postwalla & Ors. ..... Petitioners
VERSUS
Maharashtra Housing & Area
Development Authority & Ors. ..... Respondents
WITH
INTERIM APPLICATION NO. 937 OF 2021
WITH
INTERIM APPLICATION NO. 2033 OF 2020
WITH
INTERIM APPLICATION NO. 1989 OF 2021
WITH
INTERIM APPLICATION NO. 454 OF 2021
WITH
INTERIM APPLICATION NO. 2158 OF 2020
WITH
IPA (L) NO. 16160 OF 2022
WITH
IPA (L) NO. 16159 OF 2022
WITH
IPA (L) NO. 16158 OF 2022
WITH
IPA (L) NO. 16132 OF 2022
WITH
IPA (L) NO. 16117 OF 2022
WITH
IPA (L) NO. 16116 OF 2022
WITH
IPA (L) NO. 16114 OF 2022
WITH
IA (L) NO. 8700 OF 2022
WITH
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902 - WP 947 OF 2020 with connected matters.doc
IA (L) NO. 26819 OF 2021
WITH
IA (L) NO. 26742 OF 2021
Mr.Diksha Shetty, i/b. M/s.AAK Legal for the Petitioners.
Mr.Yazdi P.Jijina, i/b. M/s.Mulla & Mulla C.B.C. for the Respondent
nos. 11, 16-24, 26-28, 32-49, 59-66, 73-100, 102-107, 112-119, 126-
140, 144-149, 151-154, 157-160, 163-172 and 181-194.
Mr.P.G.Lad, a/w. Ms.Shreya Shah, Ms.Sayli Apte, Ms.Prerna Dhoke
for the Respondent nos. 1 to 5 - MHADA.
Ms.Madhuri More, i/b. Mr.Sunil Sonawane for the Respondent no.6 -
M.C.G.M.
Mr.Rashmin Jain, i/b. M/s.Kanga & Co. for the Respondent nos. 7 to
10.
Mr.Ranbir Singh, a/w. Mr.Vishal Dushing, Mr.Vaibhav Salvi for the
Respondent nos. 155 and 156.
Mr.Shrikant P.Hathi, Respondent no.30 present in person.
Mr.Pritish Das, Mr.Shrikant Hathi, Mr.Shubham S.Bane, i/b. Brus
Chambers for the Respondent no.30.
CORAM: R. D. DHANUKA AND
KAMAL KHATA, JJ.
DATE : 21ST JULY, 2022 P.C:-
These matters have been adjourned from time to time on one or the other ground. Mr.Y.P.Jijina, learned counsel for the respondent nos. 11, 16-24, 26-28, 32-49, 59-66, 73-100, 102-107, 112-119, 126-140, 144-149, 151-154, 157-160, 163-172 and 181-194 on instruction states KVM 3/4 902 - WP 947 OF 2020 with connected matters.doc that his clients would submit the requisite documents to MHADA within two weeks from today without fail to enable the MHADA to decide the eligibility of his clients to get permanent alternate accommodation.
2. Mr. Lad, learned counsel for the MHADA on instruction states that if those documents are submitted within two weeks from today, MHADA would certify the eligibility of those respondents within next four weeks without fail. MHADA would communicate the list of the eligible persons within one week from the date of decision that would be taken by MHADA. The landlord or the developer can decide the further course of action depending upon the issue of eligibility that would be decided by MHADA. It is made clear that the other respondents whose names are declared as tenants in the consent minutes of order passed by this Court, do not submit any document for their eligibility to get the permanent alternate accommodation, MHADA is not required to decide their issue of eligibility.
3. At this stage, learned counsel for the petitioners on instruction also states that her clients are ready and willing to submit their KVM 4/4 902 - WP 947 OF 2020 with connected matters.doc documents to MHADA within two weeks from today to decide their eligibility. Statement is accepted. MHADA is directed to decide the eligibility of these petitioners also within the same period and to communicate the order that would be passed.
4. Place the matter on board for reporting compliance on 15th September, 2022.
5. It is made clear that no further extension of time would be granted to submit the documents or to decide the eligibility.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.]