VAIBHAV VASANT PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Counsel appearing on behalf of the respective respondents waive service. Respondent No. 7 has been served. By consent taken up for hearing and final disposal.

(2.) THE petitioner has stated before the Court that he was in occupation of room bearing No. HEX 12-2/7 situated at A. R. Singh Compound, Dhobi Ghat, vakola, Santacruz (East), Mumbai 400 055. The aforesaid room is situated on land bearing Survey No. 376, CTS No. 116, Plot No. 6 and 4 admeasuring 2773 sq. mtrs situated at village Kole Kalyan Pakhadi, Vakola, Santacruz (East), Mumbai 400 055. The aforesaid land is privately owned property. The occupants residing on the property formed a society by the name of Shivkrup Co-operative Housing society Limited consisting of 95 occupants/members. On 17th January, 1992 the society acquired leasehold rights in respect of the land under a lease agreement which was entered into with the original owners. A development agreement was entered into on 24th February, 1994 by the society with respondent No. 8 by which the developer agreed to provide residential tenements to each of the erstwhile occupiers. According to the petitioner, the IInd Schedule to the development agreement consists the names of 95 structure holders at which Sr. No. 63 is one pandurang S. Pawar (the uncle of the petitioner) and at Sr. No. 64 and at Sr. No. 71 is the name of the petitioners father Vasant Pawar. A census was carried out of the slum dwellers residing upon the aforesaid property. Three Pitch Holder Cards were issued in respect of three separate rooms viz. (i) Card No. 336090 in respect of room 12-2/7 was issued in the name of Pandurang Sakharam Pawar, (ii) Card no. 336091 in respect of Room No. 12-3/7 was issued in the name of Vasant sakharam Pawar, (iii) Card No. 336076 in respect of Room 10-4/4 was issued in the name of Lalu Shivaji Kokam.

(3.) LALU Kokam who was the occupant of Room 10-4/4 assigned and transferred his rights in respect of the said room on 23rd January, 1979 in the name of the petitioners father Vasant Sakharam Pawar. Consequently, the petitioner's father acquired rights in respect of two rooms; Room No. 12-3/7 and Room No. 10-4/4. The petitioner's father Vasant and his uncle Pandurang exchanged their respective rooms on 24th October, 1991 by executing a deed of exchange. The petitioner's father thereupon acquired rights in respect of room No. 12-2/7 represented by Pitch Holders Card No. 336090 and 12-3/7 represented by Pitch Holders Card No. 3360-91. The petitioners father was admired as a member of the co-operative society in respect of both the aforesaid rooms. On 19th February, 1994, which was prior to the cut off date of 1st January, 1995 the petitioner's father transferred his interest in respect of Room No. 12-2/7 by executing a writing in favour of the petitioner. Subsequently the electricity meter was also transferred in the name of the petitioner by BSES Limited on 16th september, 1994. The electoral identity card that was issued by the Election commission of India shows the address of the petitioner as Room No. 12-2/7.