VIJAYBHAI M. PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS group of petitions under article 226 seeks the following reliefs :-

(2.) THIS litigation has a chequered history. The petitioners, who are occupying tenements in transit camp of Maharashtra Housing & Area Development Authority ("MHADA", for short), have been held to be unauthorised occupants in the previous round of litigation. MHADA had maintained several transit camps in the city in order to temporarily accommodate the occupants of the buildings under repairs or re-construction by MHADA. It seems that sometimes in 1987, some officers of MHADA unauthorisedly inducted the present petitioners in the transit camp by accepting illegal gratification. Nearly 170 tenements in the transit camp were allowed to be occupied by the petitioners in violation of the Act and the rules. The concerned officers were suspended when this fact was brought to the notice of the higher authorities. Action was also initiated against petitioners for eviction under section 66 of the Act. The Estate Officer and Competent Authority passed the order of eviction of the petitioners. The order of the Estate Officer was confirmed by the Appellate Authority. Thereafter the petitioner filed writ petition No. 2820 of 1992 challenging their eviction from the transit camp. The writ petition was dismissed summarily by Dhanuka, J. on 25th January, 1993 by passing the following order :-

(3.) MHADA is directed to pass the final orders on the representation made by the petitioners within six weeks from today. In case the representation is not accepted, it will be open for MHADA to evict the petitioners from their tenements without any further delay. It is again clarified that this Court is not issuing any order for allotment of alternate premises to the petitioners. MHADA is thus free to deal with the representation of the petitioners on merits in accordance with law. Certified copy expedited.