Venkatesh Shekhar Nadar vs Maharashtra Housing and Area Developement Authoritand Another — Bombay HC (2025) — LawSathi Research

Venkatesh Shekhar Nadar vs Maharashtra Housing and Area Developement Authoritand Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed: MHADA permitted to withdraw its notice dated 13th February 2025 and order dated 5th May 2025 with liberty to adopt appropriate proceedings in respect of the suit structure as permissible in law; the notice and order stand quashed and set aside; Suit No. 1080 of 2025 disposed of as infructuous; pending interim applications disposed of as infructuous; all rival contentions of the parties on merits kept open.

Issue for consideration

Whether the notice dated 13th February 2025 and order dated 5th May 2025 issued by MHADA to evict the appellants were supported by any procedural law, and what follows for the appeals and the suit in view of MHADA's offer to withdraw them.

Court's answer

In view of the statement made on behalf of MHADA offering to withdraw the notice dated 13th February 2025 and order dated 5th May 2025, nothing survives for further consideration in this appeal or the suit.

Ratio / Principle

MHADA is permitted to withdraw the notice dated 13th February 2025 and order dated 5th May 2025 with liberty to adopt appropriate proceedings in respect of the suit structure as permissible in law; accordingly, the said notice and order stand quashed and set aside.

Key takeaways

Suit No. 1080 of 2025 pending before the City Civil Court stands disposed of as infructuous.ratio¶¶48
In view of disposal of the appeal, the pending applications are disposed of as infructuous.ratio¶¶49
All the rival contentions of the parties on merits are kept open.obiter¶¶50

Detailed headnote1 paragraphs

MHADA — Eviction notice and order — Withdrawal permitted — Bombay High Court (Gauri Godse, J.) allowed four connected Appeals From Order Nos. 327–330 of 2025 filed by occupiers challenging MHADA's notice dated 13th February 2025 and order dated 5th May 2025 initiating eviction from the suit structures. Learned counsel for MHADA, on instructions of Mr. Anil Rathod, Executive Engineer, Bandra Division, conceded that the notice and order impugned in the suit were not supported by any procedural law and offered to withdraw them with liberty to initiate appropriate proceedings. Holding that nothing survived for further consideration in the appeal or the suit, the Court permitted the withdrawal, quashed and set aside the notice and order, disposed of Suit No. 1080 of 2025 (City Civil Court) and the pending interim applications as infructuous, and expressly kept all rival contentions of the parties on merits open.

Digitally signed VARSHA by VARSHA VIJAY VIJAY RAJGURUDate: RAJGURU 2025.07.1014:54:07 +0530

24-27-ao-327-2025-ia-8545-2025.SPM.doc

varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 327 OF 2025

WITH

INTERIM APPLICATION NO. 8545 OF 2025

Mrs. Meena Raghunath Mhatre … Appellant/Applicant

vs.

Maharashtra Housing and Area Development … Respondents Authority and Anr

WITH APPEAL FROM ORDER NO. 328 OF 2025

WITH

INTERIM APPLICATION NO. 8547 OF 2025

Balamurgan Shekhar Nadar … Appellant/Applicant

vs.

Maharashtra Housing and Area … Respondents Development Authority and Anr

WITH

APPEAL FROM ORDER NO. 329 OF 2025

WITH

INTERIM APPLICATION NO. 8548 OF 2025

Vasudevi Setavadekar … Appellant/Applicant

vs.

Maharashtra Housing and Area … Respondents Development Authority and Anr

WITH

APPEAL FROM ORDER NO. 330 OF 2025

WITH

Note : This is the corrected Order as per the speaking to minutes order dated 9^th July 2025

Page no. 1 of 3

24-27-ao-327-2025-ia-8545-2025.SPM.doc

INTERIM APPLICATION NO. 8551 OF 2025

Venkatesh Shekhar Nadar … Appellant

vs.

Maharashtra Housing and Area Development Authority and Anr

… Respondents

Mr. Jagdish N. Jayale for Appellants.

Mr. P.G. Lad for Respondent-MHADA.

Mr. Anil Rathod, Executive Engineer, Bandra Division.

CORAM : GAURI GODSE, J. DATED : 20^th JUNE 2025

ORDER:

On 10^th June 2025, learned counsel for MHADA was

granted time to point out the supporting law for the proceedings initiated by MHADA to evict the appellants.

Learned counsel for MHADA fairly submits that the notice and order impugned in the suit are not supported by any procedural law. He therefore on instructions of Mr. Anil Rathod, Executive Engineer states that the notice dated 13^th February 2025 and order dated 5^th May 2025 be permitted to be withdrawn with liberty to initiate appropriate proceedings as permissible in law in respect of the suit structure.

Note : This is the corrected Order as per the speaking to minutes order dated 9^th July 2025

Page no. 2 of 3

24-27-ao-327-2025-ia-8545-2025.SPM.doc

In view of the aforesaid statement made on behalf of MHADA, nothing survives for further consideration in this appeal or the suit. The suit before the City Civil Court is filed by the appellants to challenge the said notice dated 13^th February 2025 and order dated 5^th May 2025. Hence, in view of the aforesaid statement, the appeal is allowed by passing the following order:

I) MHADA is permitted to withdraw the notice dated 13^th February 2025 and order dated 5^th May 2025 with the liberty to adopt appropriate proceedings in respect of the suit structure as permissible in law. Hence, notice dated 13^th February 2025 and order dated 5^th May 2025 stands quashed and set aside.

II) Suit No. 1080 of 2025 stands disposed of as infructuous.

The appeal is disposed of in the aforesaid terms. In view of disposal of the appeal, pending applications are disposed of as infructuous.

Needless to record that all the rival contentions of the parties on merits are kept open.

Note : This is the corrected Order as per the speaking to minutes order dated 9^th July 2025

Page no. 3 of 3