VIMALNATH SHELTERS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and by consent of parties heard finally at the admission stage.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioners are challenging Notice dtd. 19/5/2023 issued by Respondent No. 3-MBR&RB and the Order dated 24 th July, 2024 passed by Respondent No. 5-MHADA that was followed by the Notice dated 30 th July, 2024 issued by Respondent No.3. Additionally, the Petitioners also challenge the constitutional validity of Sec. 79-A of Maharashtra Housing Area Development Act, 1976 (MHADA), as arbitrary and violative of their fundamental and constitutional rights and consequently seek its striking off.

(3.) The Petitioner No. 1 is the owner of the property consisting of freehold land bearing Cadastral Survey No.1/291 and 2/291 (Lower Parel Division) admeasuring 2383 square yards and 135 square yards aggregating to 2518 square yards equivalent to 2105.35 square meters or thereabout situated at erstwhile Fergusson Road and now known as Ganpatrao Kadam Marg, Worli Naka, Mumbai and a chawl constructed thereon known as 'Shoorji Vallabhdas Chawl'. It is a cessed building having 12 commercial tenements on the ground floor and 26 residential tenements on 2 upper floors.