SHANKAR HIRANNA RAJANNA Vs. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY
LAWS(SC)-2016-9-85
SUPREME COURT OF INDIA
Decided on September 29,2016

Shankar Hiranna Rajanna Appellant
VERSUS
MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

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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