Case Law Details
Alice Realties Pvt. Ltd. Vs State of Maharashtra (Bombay High Court)
1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith, and the petition is taken up for hearing and final disposal.
2. There is an Affidavit in Reply dated 31st December 2021 of one Nilesh B Suryawanshi, Resident Executive Engineer of the 5th Respondent for himself and on behalf of Respondents Nos. 4 to 7. The Affidavit in Reply is taken on record.
3. The Petitioner is a private limited company. In this Petition under Article 226 of the Constitution of India, it seeks a direction to the 7th Respondent, the Chief Officer of the Repair Board, to delete Clause 25 of the No Objection Certificate (“NOC”) dated 28th February 2011 and Clause 28 of a revised NOC dated 4th June 2015. Specifically, the prayer is to direct MHADA to de-club the combined premises and to treat the Petitioner as a separate tenant.
4. The NOC of 28th February 2011 is at Exhibit “C” to the Petition at page 126. Clause 25 of this NOC says that the 22 different private limited companies shown as “newly inducted tenants/occupants” are to be treated as a single occupier in possession of the owner. Accordingly, their occupied areas are clubbed together. All are considered as residential and owner-occupied. A similar condition is in Clause 28 of the revised NOC of 4th June 2015, a copy of which is at Exhibit “M” at page 205.
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