Ashok Bhagchandani v. State of Maharashtra and 6 Ors.
Case brief
What is this about?
Three joined Bombay HC writ petitions (Nos. 2306, 2309 and 2305 of 2024) by legal heirs of deceased petitioners (Umashankar Mishra; Nanda Sharad Satpute) and by Ashok Bhagchandani against the State of Maharashtra, Respondent Nos. 2 to 5-MHADA, Respondent No.6-BMC and Respondent No.7, concerning disputed questions of fact including quantification of transit rent and related declarations. Court held Article 226 writ jurisdiction cannot adjudicate such disputed facts; Petitioners relegated to Civil Court of competent jurisdiction with alternate remedy reserved; Petitions disposed; liberty to settle amicably out of Court. Keywords: transit rent; quantification; disputed questions of fact; Article 226; writ jurisdiction; alternate remedy; civil court; disposal.
What did the court decide?
Substantive alternate remedy reserved in favour of the Petitioner(s) to seek adjudication of the disputed issues, including transit rent quantification, before the Civil Court of competent jurisdiction; Petitioner(s) and Respondent No.7 at liberty to settle their disputes amicably out of Court.