Housing Dispute Resolution: Mahendra Bhimrao Kharat vs. Maharashtra Housing Authority
The case of MAHENDRA BHIMRAO KHARAT AND ORS. vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ORS. revolves around concerns related to housing redevelopment, particularly regarding the rights of residents in a government-led housing project. The Supreme Court addressed issues concerning the execution of agreements, allocation of housing units, and the formation of a cooperative society.
Background of the Case
The appellants, Mahendra Bhimrao Kharat and others, had three primary concerns regarding their relocation in a redevelopment project:
- The size and area of the flats that would be allotted to them after construction.
- The execution of legal agreements securing their rights before they vacate their premises.
- The formation of a cooperative society for the residents.
The case was brought before the Supreme Court to ensure that the Maharashtra Housing and Area Development Authority (MHADA) met its obligations in a transparent and timely manner.
Legal Proceedings
The Supreme Court issued notice, and Respondent No. 4 waived the notice through his counsel.
The respondents assured the Court that the agreements with the residents had already been executed and that only the formal registration remained.
Supreme Court’s Judgment
The Supreme Court directed the respondents to register the agreements within two weeks. It further clarified:
“In case, the agreements have not been executed with any of the parties, we make it clear that within that period, the agreements shall be got executed and registered.”
On the matter of area allotment, the respondents assured the Court that each appellant would receive a carpet area of not less than 450 sq. ft. The Court recorded this assurance.
Regarding the formation of the cooperative society, the respondents submitted that the agreement itself contained a provision ensuring the formation of the society before applying for the Occupancy Certificate.
The Supreme Court directed the respondents:
“We direct the respondents to get the Cooperative Society formed and registered positively within six months from today.”
Obligations of the Appellants
The appellants agreed to vacate their premises within three weeks. The Court recorded their undertaking:
“We also record the undertaking of the appellants that they will vacate the premises within three weeks from today positively.”
Final Decision
Since all issues were addressed, the Supreme Court disposed of the appeals with no further directions.
Conclusion
This judgment highlights the importance of protecting the rights of residents in redevelopment projects. By ensuring legal agreements, fair area allocation, and timely formation of cooperative societies, the Supreme Court upheld the interests of the affected residents while ensuring smooth project execution.
The appeal was disposed of with no order as to costs.
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Download Judgment: Mahendra Bhimrao Kha vs Maharashtra Housing Supreme Court of India Judgment Dated 16-02-2016-1741852714579.pdf
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