Bombay High Court Orders MHADA To Hand Over Kandivali Plot After 21 Years, Calls Denial 'Travesty Of Justice'
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…
Mumbai's Bombay High Court has ruled in favor of a petitioner who has been awaiting possession of a plot in Kandivali West for 21 years, deeming the denial a "travesty of justice." The bench, comprising Justices MS Karnik and Sandesh Patil, directed the Maharashtra Housing and Area Development Authority (MHADA) to transfer physical possession of the open plot to the petitioner, Rajesh Bachhav.
The court dismissed MHADA's arguments that the plot fell under the Coastal Regulation Zone (CRZ) and that the original allottee had transferred it to a third party, finding these claims lacking in credibility and lacking supporting documentation. The High Court affirmed the validity of the 2005 lease deed executed between Bachhav and MHADA, ruling it legal and subsisting, and emphasizing that the MHADA cannot unilaterally withhold the petitioner's rights.
Ordering MHADA to hand over the plot within four weeks, the court emphasized that the decision was solely about the petitioner's entitlement under the executed lease, not about the feasibility of construction under current CRZ regulations.
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