Pratibha W/O Subhash Mehta vs Maharashtra Housing And Area ...
2023 Latest Caselaw 3456 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR


                       WRIT PETITION NO.2243 OF 2023


Pratibha w/o Subhash Mehta,
aged about 69 years, occupation :
retired Government employee,
r/o Gala No.M-39, MHADA
Colony, 50-MIG, Vigyan Nagar,
Manewada, Nagpur-34.                               ...     Petitioner
                - Versus -
1)   Maharashtra Housing and Area
     Development Authority, through
     its Vice President and Chief
     Executive Officer, Gruha Nirman
     Bhawan, Bandra, Mumbai-51.

2)   The Nagpur Housing and Area
     Development Authority, through
     its Chief Executive Officer,
     Civil Lines, Nagpur.

3)   The Estate Manager,
     The Nagpur Housing and Area
     Development Authority,
     Civil Lines, Nagpur.

4)   The Controlling Officer (Conveyance),
     The Nagpur Housing and Area
     Development Authority,
     Civil Lines, Nagpur.                          ... Respondents
                -----------------
Shri S.V. Sohoni, Advocate for petitioner.
Shri H.V. Verma, Advocate for respondent nos.1 to 3.
                ----------------




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                                CORAM : A.S. CHANDURKAR AND
                                        M.W. CHANDWANI, JJ.

DATED : APRIL 6, 2023

ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :

Rule. Rule is made returnable forthwith. Shri Verma, learned Counsel waives notice for the respondent nos.1 to 3. Service of notice on respondent no.4 is dispensed with.

2) The learned Counsel for the parties submit that the issue raised in this writ petition has been considered in Writ Petition No.5327/2018 (Chandrakant s/o Rajhans Dhore vs. State of Maharashtra, through its Chief Secretary, Housing Department, Mumbai) on 25/7/2019. It is thus urged that in the light of that order dated 25/7/2019, the petitioner would be required to pay the value of the additional piece of land at the rate of Rs.1305/- per square metre with interest at the rate of 6% per annum from the date of allotment of the original plot till the date of payment.

3) The writ petition is disposed of in the aforesaid terms for the reasons recorded in the earlier order dated 25/7/2019. Rule accordingly. No costs.

            JUDGE                                                    JUDGE



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