POWAI PANCHSHEEL CHS Vs. MHADA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) We propose to dispose of all these three writ petitions by common judgment and order as in all these petitions the petitioners are claiming right of allotment of flats in building no. 8 consisting of 47 flats which were constructed by Maharashtra Housing and Area Development Board (for short "the Board") constituted under the Maharashtra Housing and Area Development Act, 1976 (for short "MHAD Act") under Powai Mass Housing Scheme.

(3.) During the years 1990-1995 the Board constructed a total of 1,924 flats (comprising of 1,673 non- deluxe flats and 251 deluxe flats) in various buildings forming part of the said project. By the time the project got completed there was a steep slump in the real estate market during the period 1994- 95 which resulted in crushes in prices of real estate. In order to dispose of the flats the Board issued an advertisement of sale of flats in the said project at the rate of Rs. 2,995/- per sq. ft., but they could hardly sell only 123 flats at the said rate in accordance with the terms of the advertisement and by following the procedure prescribed under the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 (for short "the 1981 Regulations") and the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981 (for short "the 1981 Rules") which have been framed under the MHAD Act, 1976. The 1981 Rules were framed by the State Government whereas the 1981 Regulations have been made by the MHADA with the previous sanction of the State. If necessary, we will quote the Rules and Regulations at appropriate places in our judgment.