Case Note & Summary
The Mumbai Building Repairs and Reconstruction Board, a unit of the Maharashtra Housing and Area Development Authority (MHADA), filed a series of eight writ petitions before the Bombay High Court under Article 226 of the Constitution of India, challenging a common appellate order dated 4 September 2018 passed by the Appellate Officer under the Maharashtra Housing and Area Development Act, 1976. The Appellate Officer had allowed the appeals preferred by the respondent flat owners and set aside the order of the Competent Authority dated 13 August 2007. The lead petition, Writ Petition No. 746 of 2019, was treated as the lead matter for factual narration. The property in question was conveyed by a deed dated 5 June 1975 by Badrivishal Pannalal Pittie & Ors. to Shivlal Ramnath Daga and Ashadevi L. Daga. The recital stated that one Jamnadas Bhagwandas was the original tenant since 1946, who had sublet to Ramnath Daga, and that Ramnath Daga was in possession as a protected tenant under the Rent Control Act. Subsequently, the property was transferred to M/s R.B.B.A. Properties Private Limited, which submitted a development proposal and obtained an Intimation of Disapproval (IOD) for reconstruction with a permissible Floor Space Index (FSI) of 1.33 in August 1981. The High Court heard all parties and reserved judgment on 17 October 2019. The judgment was pronounced on 6 November 2019 by Justice R.D. Dhanuka. The available record of the judgment does not contain the court’s reasoning, analysis, or operative directions, as the transcript is truncated after narrating the initial facts. No final determination is ascertainable from the provided text.
Issue of Consideration
WRIT PETITION NO.746 OF 2019
