HANSABEN BHAVANJI SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed praying for the only substantive relief as prayed for in prayer clause (a). The prayers as made in the petition reads thus:

(2.) The petitioners, who are two in number claim to be the tenant/sub-tenants of shops No.5 & 6 in a building on land CTS No.577, 577/1 to 577/18 situated at the Junction of S. V. Road and J. P. Road, Andheri West, Mumbai - 400 058.

(3.) The building in question which houses the petitioners tenements is owned by one Mr. Ambalal Maganlal Patel. The land along with building was subject matter of acquisition by the respondent No.2/Mumbai Metropolitan Region Development Authority, (for short "the MMRDA"). The acquisition was for a public purpose namely for the Mumbai Metro Project i.e. for the Mumbai, Versova, Ghatkopar and Andheri Metro Railway.