MAHARASHTRA HOUSING BOARD LAW INCOME GROUP TENEMENT HOUSING SOCIETIES FEDRATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Rule. Rule made returnable forthwith. Counsel waive service for respective Respondents.

(3.) By this Writ Petition under Article 226 of Constitution of India, the Petitioners have questioned the validity of allotment of a portion from the larger property bearing Survey No.287, C.T.S. No.19 at Juhu Vile Parle Development Scheme (JVPD Scheme), which is described as Pump Station House, Water Tank and Garden in favour of Respondent No.5. The Petitioners have further prayed for direction against Respondents 2 and 4 to demolish and ensure demolition of all construction carried on by Respondent No.5 and/or 6 on the disputed property and/or by utilising the FSI or the TDR Potential or any other benefits in respect of the disputed property. The Petitioners have further prayed for writ of mandamus to direct Respondents 1 to 6 not to interfere with the peaceful use, occupation possession and management of the disputed property by Petitioner No.1 in any manner and in the event, it is held that Respondents 5 or 6 or anyone or more of them are in possession of any part of the said property then direct Respondents 1 to 6 to hand over possession thereof to Petitioner No.1 forthwith.