SUGEE DEVELOPERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to quash the impugned Order dtd. 26/4/2019, passed by the Additional Chief Secretary of Housing Department in Second Appeal, and to restore the earlier Order dtd. 9/11/2015 passed by the Vice President and CEO of MHADA.

(2.) The Petitioner is the owner and developer of property bearing F.P. No.400, TPS IV, Mahim Division situated at Gokhale Road - South, Dadar - West, Mumbai 400 028 which includes an old cessed building formerly known as 'Mohammadi Mansion ' (now Sugee Sadan) purchased on 27/12/2009. The building was fully tenanted at the time of purchase.

(3.) The controversy pertains to Room No.16-B an enclosed space under a staircase on the ground floor admeasuring 3.39 square metres (36.50 square feet). The issue is whether the Respondent No. 6 is entitled to tenancy rights for this space.