SHANKAR HIRANNA RAJANNA Vs. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY
SUPREME COURT OF INDIA
Shankar Hiranna Rajanna
MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY
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NARIMAN, J. -
(1.) Leave granted.
(2.) These appeals have come to us after a chequered history, which has begun at least four decades ago.
Initially, a certain building, which would be referred
to as 102 D of property, admeasuring 2807 sq. meters
belonging to MHADA was said to be dilapidated and in
dangerous condition beyond economic repair. A notice
to this effect had been issued by MHADA dated
23.03.1982. Subsequently, buildings 102 A, B and C were also declared as being beyond economic repair
under Section 88 of the MHADA Act in the year 1989.
Acquisition of the said four buildings took place under
Section 93 of the said Act on 23.08.1990 and physical
possession of the land was taken by the Board on
11.12.1990. This acquisition was challenged in a writ petition filed before the High Court. The High Court,
by a Judgment dated 04.08.1994, dismissed the said writ
petition, as a result of which, the proceedings for
acquisition came to a finality.
(3.) Sometime after 1989, we have been informed that buildings 102 D and 102 B and C have since been
demolished and all the persons residing therein are in
transit camps that have been provided for by MHADA.
Building 102 A continues and the tenants continue to
live therein. Various proceedings took place, which it
is not necessary for us to go into in view of the fact
that by an order dated 10.05.2002 in SLP (C) No. 6991
of 2002, this Court directed MHADA to take a decision
on the appellants' proposal - i.e. proposal submitted
by tenants, uninfluenced by the decision of the High
Court, which was impugned in that case, and to bring
the decision to the notice of the Court.;
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