LAWS(BOM)-2020-10-247

MOHAMMED HUSSEIN ALI MOHAMMED UMATIA & ORS. Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS.

Decided On October 21, 2020
Mohammed Hussein Ali Mohammed Umatia And Ors. Appellant
V/S
Maharashtra Housing And Area Development Authority and Ors. Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Interim Application has been filed for review and recall of the order dated 18.8.2020 passed by this Court in Interim Application No. 8 of 2020 in Writ Petition No. 1529 of 2019. Interim Application No. 8 of 2020 was filed by 100 petitioners. The present Application has been filed by 4 petitioners out of 100. Ground for review is that on the date when the order dated 18.8.2020 was passed, it is the contention of the petitioners that Respondent No. 3 i.e Municipal Corporation of Greater Mumbai had already taken the decision to handover the subject building to the developer but did not inform to the Court the said fact. Hence petitioners have moved for review / recall of the order and reiterated the demand for seeking direction to the developer i.e Respondent No. 6 to pay 12 months advance rent in respect of the transit accommodation.

(3.) We have perused the order dated 1.11.2018 passed in Writ Petition No. 1531 of 2017, order dated 21.1.2020 passed in Contempt Petition No. 43 of 2019 and order dated 27.2.2020 passed in Writ Petition No. 1529 of 2019 which are relied upon by the petitioners today. The said orders were also referred to and relied upon in Interim Application No. 8 of 2020. While passing the order dated 18.8.2020, we heard the petitioners and dealt with the grievances and gave our findings in paragraphs 5 and 6 of the order which reads thus:-