JAGDISCHANDRA D PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is in respect of property situated at 97, Walkeshwar Road, Bombay 400 006. The three petitioners are tenants in different portions of the buildings. Respondents Nos. 6, 7 and 8 are the landlords owners. Undisputedly the buildings are in a dilapidated condition since 1970. History prior to 11th April, 1986 need not be referred to for the purpose of understanding the dispute in question. On 11th April, 1986 the tenants applied to the third respondents (Maharashtra Housing and Area Development Board) for action under Chapter VIIIA of the Maharashtra Housing and Area Development Act, 1976. Under the provisions of the chapter, a co-operative Society formed or proposed to be formed by not less than 70% of the occupiers in a cess building, may request the Board to move the State Government to acquire the land together with the existing building thereon and then to acquire right or interest of the owner for reconstruction of a new building in lieu of the old one at their own costs. The third respondents, submitted the tenants proposal to respondent No. 1 (State of Maharashtra ). On 28th August, 1986 respondent No. 1 passed a resolution approving the tenants proposal. On 29th April, 1987 respondent No. 3 granted N. O. C. to the tenants to form a Society. On 14th November, 1987 the landlords filed Writ Petition No. 3127 of 1987 challenging the action taken by the third respondents under the said Chapter VIIIA an obtained and ad-interim stay. On 6th December, 1990 the landlords applied to respondent No. 1 to cancel the tenants scheme and to grant N. O. C. to the landlords for redevelopment. On 15th January, 1991 the landlords applied to respondent No. 3 for grant of N. O. C. for redevelopment of the property. On 16th February, 1991 respondent No. 1 passed a resolution cancelling the resolution dated 28th August, 1986. On 12th July, 1991 respondent No. 3 granted N. O. C. to the landlords to redevelop the property. The tenants then filed Writ Petition No. 2569 of 1991 for quashing the Government Resolution dated 16th February, 1991. On 16th September, 1991 this court (Ashok Agarwal, J.) passed the following order:

(2.) THE contents of letter No. EE/cell/d/256 of 1991 dated 18-4-91 (vide Exh. "h" from the W. P. No. 2569/91) are also hereby confirmed.

(3.) IT shall be incumbent on the part of the said owners to strictly adhere to and abide by all the conditions prescribed by the Bombay Housing and Area Development Board in its No Objection Certificate No. R/noc/f-473/14150/bbe, dated 12th July, 1991.