9-WP-10002-25.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10002 OF 2025 Mr. Shakir Shah & Anr. ...Petitioners Versus Maharahstra Housing and Area Development Authority(MHADA) & Ors. ...Respondents _______ Ms. Huzefa Nasikwala a/w. Mr. Idris Balasinorwala, for Petitioners. Mr. Akshay Shinde, for Respondent/MHADA. Mr. Manoj Harit i/b. Manoj Harit & CO. for Respondent No.3. Mr. Rushikesh Kharat a/w. Mr. Shrikant Kompelli a/w. Mr. Swapnil Dhuge, for Respondent No.5. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 4th November 2025 P.C. 1. This Petition under Article 226 of the Constitution of India has filed praying for following substantive reliefs : a) That this Hon'ble Court may be pleased to issue A Writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent No. 1 (MHADA) to forthwith take possession of Flat Nos. 302, 303, 501, and 902 from Respondent No. 3 (Builder) and hand over the physical possession of the said four flats to the Petitioners, Smt.Fatima S Shah and Shri Shakir Shah within a period as directed by this Hon'ble Court. b) A Writ of Mandamus or any other appropriate writ, order, or direction, authorizing Respondent No. 1 (MHADA), on behalf of Respondent No. 3 (Builder), to enter into a Permanent Alternate Accommodation Agreement (PAAA) with the Petitioners, Smt. Fatima S Shah and Shri Shakir Shah, for all the four flats, i.e., Flat Nos. 302, 303, 501, and 902. Page 1 of 3 Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2025.11.10 15:57:25 +0530 9-WP-10002-25.DOC c) A Writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent No. 3 (Builder) to forthwith pay/deposit compensation/arrears of rent, as detailed in the Petitioners' rent calculation statements (totalling Rs. 49,886,281 as of 2025), to the Petitioners, Smt. Fatima S. Shah and Shri Shakir Shah. 2. The case of the Petitioners is that Petitioners are the beneficiaries of the Order dated 26th April 2025, passed by the Chief Officer of the Mumbai Building Repairs and Reconstruction Board (‘Board’ for Short) which issued the following effective directions: 1. The NOC Holder is directed to allot Flat No. 302, 303, 501 & 902 to the complainant Smt. Fatima S Shah & Shri Shakir Shah and enter into PAAA and submit copy of the same to this office within 15 days of execution of PAAA. 2. The NOC holder shall make payment of outstanding rent towards temporary alternate accommodation to Smt. Fatima S Shah & Shri Shakir Shah from the date of vacating their old premises and till they are physically rehabitated in the newly constructed rehab tenements, within 2 weeks prior to 9th May 2025. Further, NOC Holder is directed to submit proof of payment of arrears made to the tenant along with bank statement. 3. The NOC holder shall execute Permanent Alternate Accommodation Agreement with Smt. Fatima S Shah & Shri Shakir Shah in respect of their new rehab tenements as shown in the plans approved by MCGM i.e, Flat No.302, 303, 501 & 902 within 2 weeks prior to 9th May 2025without fail. 4. The NOC Holder shall hand over physical possession of rehab Flat No. 302, 303, 501 & 902 within 2 weeks prior to 9th May 2025 in lieu of Old Room No. 1, 2, 4AA & 2A, 3AA to Smt. Fatima S Shah & Shri Shakir Shah. 5. NOC Holder is also directed to submit progress of construction along with the latest photographs and further schedule of construction till obtaining Occupation Certificate. 6. The Executive Engineer "E-1" Division/MBRRB is hereby directed to ensure that the above said directions are complied by the NOC Holder within prescribed time limit. Further if the above said directions Mane 9-WP-10002-25.DOC are not followed by NOC Holder then Executive Engineer "E-1" Division/MBRRB shall initiate Penal action under relevant Section of BNS against NOC Holder for Criminal Breach of Trust. 3. Grievance of the Petitioners is that Order is not implemented by the Chief Officer of the Board. Learned counsel for the Respondent No.3-Developer informs that the said order dated 26th April 2025, issued by the Chief Officer has been assailed in an Appeal filed by Respondent No.3 before the Vice President of the Board. Copy of the said Appeal be provided to the Advocate for the Petitioners during the course of the day. 4. In our opinion, as the proceedings are pending before the Vice President of Board, in an Appeal filed by Respondent No.3, it would be appropriate that Respondent No.3 will be required to move an appropriate application for stay of the said order, if already not moved and obtain appropriate interim order within a period of two weeks from today. In the event such orders are not obtained, we direct the Chief Officer to execute his order dated 26th April 2025, in accordance with law. 5. All contentions of the parties in that regard are expressly kept open. 6. Needless to observe that the Appeal filed by the Respondent No.3 be decided on its own merits, within a period of 8 weeks from today. 7. Let the Respondent No.3 as also the Petitioner appear before the Vice President, of Board on 11th November 2025 at 12.00noon. 8. Petition is disposed of accordingly. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane