Disposed

Sugee Two Developers LLP v. Maharashtra Housing and Areae Development Authority and 2 Ors.

Bombay HC27 Nov 2019WP/3409/2019

Case brief

AI extract

What is this about?

The High Court of Bombay, in a writ petition seeking eviction of fourteen occupants of dilapidated buildings awaiting redevelopment, directed the respondents to ensure the eviction of these non-cooperating occupants within six weeks of the order.

What did the court decide?

Direction to the respondents to evict fourteen non-cooperating occupants of dilapidated buildings within six weeks.

Sugee Two Developers LLP Vs Maharashtra… — Constitutional and Fundamental Rights | Bombay HC (2019)

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501.WPL-3302-19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO.3302 OF 2019

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Sugee Two Developers LLP … Petitioner versus Maharashtra Housing and Area Development Authority and Ors. … Respondents

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Mr.Sureil Shah with Mr.Amit Khairwar, Mr.Shahazad Irani, Mr.Prasad Dhande i/b Link Legal India Law Services for the Petitioner.

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Mr.P.G.Lad a/w Ms.Sayli Apte for MMRDA.

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CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.

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DATE :- NOVEMBER 27, 2019

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P.C. :-

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The complaint in this petition is that no action has been taken on the proposal of the petitioner.

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The Cess buildings in Mumbai are awaiting redevelopment.

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For the redevelopment of the entire property, the existing

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buildings will have to be pulled down after all occupants are evicted.

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The complaint is that there are fourteen non-cooperating occupants against whom it is the Maharashtra Housing and Area

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Page 1 of 3

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M.M.Salgaonkar

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501.WPL-3302-19.doc

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Development Authority, which will have to take necessary steps. It is that authority which is vested with the power to evict these non-cooperating occupants.

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On such a petition, which was mentioned today morning by Mr.Sureil Shah and impressing upon us that “Guru Niwas Building”, “Guru Niwas Chawl” and “Dadarkar Building” are the three buildings on the property, which is sought to be redeveloped, papers were directed to be produced at 3.00 p.m.

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The buildings are partially collapsed and they are more than 60 years old. In the circumstances, the fourteen noncooperating occupants need to be evicted forthwith and for which the above proposal was forwarded.

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We requested Mr.Lad to appear on behalf of respondent Nos.1 and 2 and at our request, he has accepted notice and waived service.

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On instructions, Mr.Lad has told us that respondent Nos.1 and 2 will take the necessary steps and complete the action within a period of six weeks from the date of communication of this order.

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Page 2 of 3

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M.M.Salgaonkar

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501.WPL-3302-19.doc

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In the above manner, after we have taken the petition itself for hearing, it is disposed of by this order.

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This order is passed after hearing both sides, including learned AGP appearing for the State.

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(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)

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Page 3 of 3

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M.M.Salgaonkar

Sugee Two Developers LLP v. Maharashtra Housing and Areae Development Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

Sugee Two Developers LLP v. Maharashtra Housing and Areae Development Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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