SAKEENA NASIR SHAIKH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard. By this petition under Article 226 of the Constitution of India, the Petitioner challenges the order dtd. 3/8/2021 issued by Respondent No.1 directing the Petitioner to handover the vacant possession of the subject premises in the subject property within 3 days to Applicant by accepting rent offered failing which the summary eviction as laid down under sec. 95A of the Maharashtra Housing and Area Development Act, 1976 (the MHADA Act), will be initiated without further notice.

(2.) The learned counsel for the Petitioners submits that the impugned order dtd. 3/8/2021 has been passed by the Executive Engineer, M.B.R. and R Board is against justice, equity and good conscience and same is liable to be set aside. He submits that there is no dispute that in the present matter, the Petitioners are occupying Room No.1 and Room No.7, in Building No.9, Bharat Nagar Transit camp, Bandra (E), Mumbai - 400051. In support of this contention, the learned counsel for the Petitioner has placed on record a compilation of documents i.e. page Nos.1 to 14 during the course of the arguments.

(3.) The learned counsel for the Petitioners submits that the Respondents, without considering the authorities placed on record, passed the impugned order under sec. 95A of the MHADA Act which is liable to be set aside. He submits that for last several years, the Petitioners are in possession of the said premises. He submits that as soon as they received a copy of the notice dtd. 23/7/2021 from the Executive Engineer, MHADA, they replied and called upon the concerned office to provide certain documents. He submits that the concerned officer has failed and neglected to provide those documents and decided the application under sec. 95A of the MHADA Act holding that the Petitioners have to hand over vacant and peaceful possession of the premises to Respondent No.3.