SWATI MANGESH SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, Petition is taken up for hearing.

(2.) By this petition, Petitioner challenges the Notice issued by the Special Recovery Officer dtd. 12/3/2021 and Recovery Certificate dtd. 10/2/2020 issued by the Assistant Registrar of Cooperative Societies. Petitioner is neither a borrower nor a guarantor and the Recovery Certificate dtd. 10/2/2020 is not issued in his name and thus no amount is sought to be recovered from him. However, Notice dtd. 12/3/2021 is issued by the Special Recovery Officer proposing to attach immovable properties of the borrower. Petitioner has purchased Flat No.001/E-2, Shree Bhavdevi Krupa Co-operative Housing Society Ltd., Pramila Nagar, Dahisar, Mumbai-400 068 (the flat) from the borrower and she apprehends that the flat would be attached by the Recovery Officer for execution of the Recovery Certificate dtd. 10/2/2020 and has accordingly filed the present petition. The said flat is purchased by the Petitioner from the borrower. Apprehending attachment of the said flat, the Petitioner has filed the present petition.

(3.) Briefly stated, facts of the case are that Respondent No.4 occupied a structure, which was coming in the alignment of work of Main Link Road undertaken by the Mumbai Metropolitan Region Development Authority (MMRDA). In his capacity as Project Affected Person, MMRDA allotted a tenement bearing Flat No. 001 in Building No. S-2E admeasuring 225 sq. ft carpet area towards permanent rehabilitation vide allotment letter dtd. 2/9/2008. One of the conditions stipulated in the allotment letter prohibited Respondent No.4 from selling or transferring the tenement for a period of ten years from the date of allotment.