Case Note & Summary
The two writ petitions concerned a property dispute at Pant Nagar, Ghatkopar, Mumbai, owned by MHADA. The petitioners, a cooperative housing society and its members, claimed rights over structures bearing CTS Nos. 190/1 to 190/8, which they occupied as successors to former MHADA sweepers. Respondent No.5 society was leased CTS No.190/9 (pt.) measuring 4355 sq. mtrs by MHADA in 1995 for slum redevelopment. The respondents contended the leased property included the disputed structures. Authorities sanctioned a slum redevelopment scheme and included the petitioners' names in Annexure II as eligible occupants. After the petitioners refused to vacate, eviction orders under Section 33 of the Slum Act were passed. The petitioners filed multiple proceedings: a writ petition, appeals under Section 35, a civil suit, a first appeal, and special leave petitions in the Supreme Court. The civil suit was dismissed citing statutory bars under the Slum Act, MHADA Act, MCS Act, and MRTP Act. The first appeal was dismissed. The Supreme Court, while granting interim protection, requested the High Court to dispose of the present writ petition (No. 2162 of 2015) within six months. The petitioners argued that MHADA's office note and letter entitled them to a conveyance deed, that the disputed property was not part of the leased land, and that respondents had no rights over it. The judgment text provided ends with the petitioners' submissions; the court's analysis and final decision are not included in the available text.
Issue of Consideration
Whether the petitioners are entitled to a writ of mandamus directing MHADA to execute a conveyance deed for the property bearing CTS Nos. 190/1 to 190/8; whether the said property is distinct from the leased property bearing CTS No. 190/9 (pt.); whether the eviction proceedings under the Slum Act are valid
Law Points
- Section 33 of Slum Act
- Section 35 of Slum Act
- Section 42 of Slum Act
- Section 164 of Maharashtra Cooperative Societies Act
- Section 149 of MRTP Act
- Section 177 of MHADA Act
- principles of res judicata
- abuse of process
- writ jurisdiction for mandamus
Case Details
2016 LawText (BOM) (04) 80
Writ Petition No. 1427 of 2013 AND Writ Petition No. 2162 of 2015
D.H. Waghela, C.J., M.S. Sonak, J.
Mr. A.V. Anturkar, Senior Advocate i/b Mr. Tushar Kochale for the petitioners; Mr. M.V. More, Addl. GP for the respondent-State; Mr. P.K. Dhakephalkar, Senior Advocate a/w. Mr. P.G. Lad and Ms Murlidharan for respondent nos.1 to 3 in WP 2162/15 and for respondent nos.3 and 4 in WP 1427/13; Mr. J.G. Reddy for respondent No.4 in WP 2162/15 and for respondent no.5 in WP 1427/13; Mr. G.S. Gobdole a/w. Mr. S.B. Pawar and Ms Swati Sawant i/b S.K. Legal Associates for respondent no.5 in WP 2162/15 and for respondent no.6 in WP 1427/13; Mr. V.A. Thorat, Senior Advocate a/w. S.B. Pawar and Ms Swati Sawant i/b S.K. Legal Associates for respondent no.6 in WP 2162/15 and for respondent no.7 in WP 1427/13
Pant Nagar Mahatma Phule Coop. Hsg. Society Ltd. & ors.
State of Maharashtra and ors.; Maharashtra Housing and Area Development Authority and ors.
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Nature of Litigation
Writ petitions challenging slum redevelopment scheme and eviction orders, seeking mandamus for conveyance of property.
Remedy Sought
Petitioners sought declaration that LOI is illegal, deletion of their names from Annexure II, and direction to MHADA to execute conveyance deed for CTS Nos. 190/1 to 190/8.
Filing Reason
Petitioners claimed ownership/title over property and opposed inclusion in slum redevelopment scheme and eviction under Slum Act.
Previous Decisions
City Civil Court dismissed suit (BCCC Suit No. 2150 of 2010) for statutory bar; First Appeal No. 382 of 2012 dismissed; Civil Application (Review) dismissed; Supreme Court disposed of SLP with request to High Court to dispose present writ petition.
Issues
Whether petitioners entitled to conveyance deed
Whether property distinct
Validity of eviction
Maintainability of challenge
Submissions/Arguments
MHADA office note and letter recognize petitioners' title and entitlement to conveyance deed.
The disputed property is separate and not part of the leased property.
Respondent nos.5 and 6 cannot claim rights over the disputed property.
Judgment Excerpts
The Hon'ble Supreme Court by its order dated 1 October 2015 in petition for special leave to appeal arising out of Diary No. 30817 of 2015 has requested this Court to dispose of S.W.P . No. 1416 of 2015 (Lodging No.), which corresponds to Writ Petition No. 2162 of 2015 within a period of six months, on its own merits and uninfluenced by the orders impugned in the said petition for special leave to appeal.
Upon being queried, Mr. Anturkar, learned senior advocate for the petitioners, candidly stated that the petitioners have no document in the matter of acquisition of rights or possession from the said eight sweepers/employees, but he maintained that there is no dispute with regard to the petitioners occupation of the structures/property and further submitted that the rights of the petitioners have been recognised by the MHADA vide office note dated 22 June 2009 and letter dated 21 January 2015
Interim order shall remain in operation insofar as the eight petitioners alone in this petition are concerned and the respective lands which are in their possession as well as stay of costs of Rs. 1,00,000/ (Rupees One lakh). As far as the rest of the area is concerned, it is open to the respondents to proceed with the development. In the meanwhile, we request the High Court to dispose of the S.W.P . No. 1416 of 2015 (Lodging No.) which in our view would cover the substantive rights claimed by the petitioners as against the declared Census Slum Area, in particular, the inclusion of the names of the petitioners in Annexure2.
Procedural History
Petitioners initially filed Writ Petition (L) No. 1185 of 2010 challenging scheme; then filed appeals under section 35 (Appeal Nos. 680 and 719 of 2010); then withdrew writ petition and appeals dismissed; filed BCCC Suit No. 2150 of 2010 in City Civil Court; plaint rejected on 10-02-2012; First Appeal No. 382 of 2012 dismissed on 01-12-2014; SLP withdrawn; review dismissed; second round: notices under section 33 in April-May 2015; appeals dismissed on 26-05-2015; then Writ Petition (L) No. 2605/2015 and WP No. 2042/2015; dismissed on 11-09-2015 with costs; then present Writ Petition (L) No. 1416/2015 (renumbered WP 2162/2015) and WP 1427/2013 heard together; Supreme Court order 01-10-2015; High Court judgment reserved on 28-03-2016 and pronounced on 02-04-2016.
Acts & Sections
- Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971: 33, 35, 42
- Maharashtra Housing and Area Development Act, 1976: 177
- Maharashtra Cooperative Societies Act, 1960: 164
- Maharashtra Regional & Town Planning Act, 1966: 149
