Chapter VIII

Maharashtra Housing and Area Development Act,=Chapter VIII-A, which was introduced into the the Maharashtra Housing and Area Development Act, 1976, hereinafter referred to as “the 1976 Act”, in 1986, pertains to the acquisition of “cessed properties” for co-operative societies of occupiers. In view of the questions raised in the writ petitions, the matter was initially referred to a Bench of 7-Judges, but, thereafter, by order dated 20.02.2002, the matters have been referred to a Bench of Nine-Judges and are still pending decision. Since no final decision seems to be in the offing, the writ petitioners have filed IA No. 3 of 2012, for interim reliefs.= Whether MHADA has any obligation to provide similar accommodation to others in respect of the 30% surplus land, is a controversy which we need not go into and will surely be decided, whenever the Nine-Judge Bench sits to take up these matters. But for the purposes of this case, we regret that in spite of the inordinate delay in the working of the provisions of Chapter VIII-A of the 1976 Act, which was intended for the benefit of a certain section of tenants and occupants of cessed buildings, we are unable to grant the relief prayed for, as the same goes against the very grain of the provisions of Chapter VIII-A of the 1976 Act.

published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40501 Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO. 3 OF 2012 IN WRIT PETITION (C) NO. 342 OF 1999 KAMLESH C. SHAH & ORS. …PETITIONERS Vs. STATE OF MAHARASHTRA AND ORS. …RESPONDENTS J U D G M E N T ALTAMAS KABIR, CJI. 1. Chapter VIII-A, which … Continue reading →