PYARIDEVI HARIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are alleged owners/purchasers of apartments in Saidham Apartments complex located at Kalher, Near Bhiwandi, Thane District. They are aggrieved by the Judgment dtd. 25/7/2024 passed by this Court in Writ Petition No.833 of 2019 and Notices dtd. 6/1/2025 issued by the Tahasildar Bhiwandi, directing parties to vacate their respective flats. The said Order directed demolition of their apartments holding that the construction was on Government land and regularization of those buildings was not possible. In addition, the builder of these 5 buildings was directed to deposit Rs.8.00 crores as compensation for pro rata distribution amongst the flat purchasers under the Orders of this Court. It was also clarified that the compensation that would be distributed on pro rata basis to the flat purchasers would be in addition to the compensation that the purchasers may claim against the builders before the Civil Courts. The Notices dtd. 6/1/2025 are issued by Tahasildar in furtherance of the Judgment passed by this Court.

(2.) Mr. Nedumbara learned counsel for the Petitioners argued that the Petitioners were not made parties and thus were not heard resulting in gross violation of principles of natural justice. He argued that such a judgment that was passed without conducting any survey of the properties in question rendering it illegal. He further contended that the Petitioners were entitled to regularise these constructions under Sec. 52A of the Maharashtra Regional Town Planning Act ("MRTP Act"). He therefore sought the reliefs prayed for in the Petition.

(3.) The prayers in the Petition are reproduced hereunder for ready reference: