Mumbai: In a ruling safeguarding citizens' property rights, the Bombay High Court has directed the Maharashtra Housing and Area Development Authority (MHADA) to hand over physical possession of an open plot in Kandivali West to a petitioner who has been waiting for nearly two decades.
High Court Calls Denial Of Property A 'Travesty Of Justice'
A bench of Justices MS Karnik and Sandesh Patil, on October 26, allowed the petition filed by Rajesh Bachhav, holding that denying him the property "would amount to a travesty of justice".
According to the petition, MHADA had invited public offers through a newspaper advertisement for the allotment of open developed plots. The petitioner applied and was allotted Plot No. 100, measuring approximately 76.75 square meters, situated at RSC-11, Charkop, Kandivali (West).
MHADA Failed To Deliver Possession Despite Registered Lease In 2005
Following the payment of the required premium and lease rent, MHADA executed a registered lease deed on October 27, 2005, for a period of 90 years. However, despite the completion of all formalities, MHADA failed to deliver actual physical possession of the land, said Bachhav’s advocate, Vishwanath Patil
MHADA contested the petition by arguing that the plot fell under the Coastal Regulation Zone (CRZ) and could not be allotted due to judicial restrictions. The authority also vaguely claimed that the original allottee had transferred the plot to a third party.
High Court Upholds Validity Of 2005 Lease Deed
Rejecting MHADA's contentions, the High Court noted that the lease deed executed in 2005 remains valid, legal, and subsisting, as it has never been cancelled or declared void by any competent court.
"Since the Lease Deed today is valid, legal and subsisting, it would not be open for MHADA to contend that they would not hand over possession of the property to the petitioner," the bench observed.
The court further dismissed MHADA's claims regarding third-party transfers as lacking bona fides and supporting documentation. The judges clarified that they were strictly dealing with the petitioner’s entitlement to the land under the executed lease, rather than whether construction is permissible under current CRZ regulations.
"The MHADA being an instrumentality of the State cannot deprive the citizens of their rights in such a high-handed manner," the court stated.
The High Court has ordered MHADA to hand over possession of the plot to the petitioner within four weeks from the date of producing the order. An oral request made by MHADA's counsel for a stay on the judgment was rejected by the bench.
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