JUGRAJ TEJRAJ AND SONS Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Petitioner No.1 is a partnership firm and Petitioner No.2 is one of the partners of Petitioner No.1. The Petitioners are tenants/occupants in respect of godown bearing No.17-A, Doctors Compound, Dattaram Lad Marg, Chinchpokli (East), Near Chinchpokli Station, Mumbai 400 012. It is the claim of the Petitioners that said godown admeasures 436.21 sq. mtrs. plus 8.14 sq. mtrs. aggregating to 444.35 sq.mtrs. carpet area inclusive of toilet (hereinafter referred to as "tenanted premises ").

(2.) The Petitioners by present Writ Petition filed under Article 226 of the Constitution of India are challenging legality and validity of notice dated 29.12.2020 as well as order dated 23.03.2021 passed by Respondent No.1- Executive Engineer, MBR and R Board, Mumbai. By the impugned order passed under section 95-A of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as "said Act ") the Petitioners were directed to vacate tenanted premises within 48 hours on receipt of said order and to handover possession to the developer i.e. Respondent No.6. By impugned order it was further directed that if Petitioners fail to handover possession of the tenanted premises then without giving any notice action of compulsory eviction under section 95(A)(2) of said Act would be taken.

(3.) Mr. Damle, learned Senior Counsel appearing for the Petitioners raised four issues.