NIRMAL NAGAR BHADEKARU SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for the following reliefs.

(2.) THE petitioner Nirmal Nagar Bhadekaru Sangh is an association of tenants who are presently occupying building nos. 9 and 10 in a scheme developed by MHADA on survey No. 418/426. The whole scheme is called as Nirmal Nagar and it consists of 16 buildings which are presently occupied by about 50,000 people. The members of the petitioner are occupying building Nos, 8 and 10. According to the petitioner, there is a road which is 36 feet wide and it is being encroached by respondents 5 and 6 with the permission of Respondents 1 to 4 and 7. The allegation is that they would lose the right of entry and exist. There will be no ingress and egress and would be seriously prejudiced in the peaceful occupation of their premises and therefore this petition.

(3.) IT is pertinent to note however that there is nothing on record to show that this Bhadekaru Sangh is a registered society under the Societies Act or union under the Trade Union or an association duly registered. None of the occupant factually has joined in the petition. The status of the Nirmal Nagar Sangh which has sued before us through its chairman one Shri Bhalchandra Chachad is not known. The respondent have in their replies challenged the maintainability of this petition on this ground aide.