Writ petition challenging MHADA's permission to a developer for redevelopment on land reserved for public housing. The Court found no infirmity in the action based on government policy and disposed of the petition.
The petition stands disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srk
wp-L-424-10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.424 OF 2010
The Sardar Vallabbhai Nagar-1 Co-operative Housing Society Union Ltd. Versus Maharashtra Housing & Area Development Authority (MHADA) and others.
... Petitioner
... Respondents
Mr.A.A. Kumbhakoni with Mr. E.A. Sasi for the petitioner. Mr. P.G. Lad, Assistant Government Pleader for State-respondent Nos.1 to 5. Mr. S.R. Singh for respondent No.8. Mr. V.D. Patil for respondent No.7.
CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J. Friday, September 24, 2010
P .C.
The petitioner is a society registered under the Maharashtra Cooperative Societies Act 1960 and is a federation of 24 cooperative housing societies having buildings on a plot of land bearing CTS No. 11 (Pt) and 12(Pt) in Sion Koliwada. The members of 24 societies are occupying flats in 24 buildings under a scheme known as the Industrial Housing Scheme. The total area of the land on which the 24 buildings are situated admeasures 29932 sq.mts. approximately out of which 22009 is utilized for construction of 24 buildings. The land belongs to respondent No.1 Maharashtra Housing and Area Development Authority (MHADA).
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construction on the above land admeasuring 1053 sq.mts. which is adjoining the land where 24 buildings are situated, the residents will have no open area.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
2 issues framed by the court
Whether the action ofMHADA in permitting redevelopment on slum-occupied land reserved for public housing, under the stated Government policy, is infirm.
Whether the petitioners would be denied open space ifthe developed project is allowed on the disputed land.
2 provisions across 2 enactments
The Sardar Vallabbhai Nagar-1 Co-operative Housing Society Union Ltd.
Maharashtra Housing & Area Development Authority (MHADA)
The Developer
MOHIT S. SHAH
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
