Raymond Fernandes
18 October 2011 at 02:47
Dear Friends,
I would like to know about SLP & the chances of success in supreme court of inida?
Why SLP is needed and for what?
How to file a SLP in supreme and what are the chances for a successfull Speacial Leave Petition?
Before filing SLP what points one should be aware or prepare of?
Raymond Fernandes
14 October 2011 at 17:12
Hi Friends,
Sub: Redevelopment composite development scheme under NOC of MHADA
DC Regulation 33 (7).
This is a matter of allotment of flat under redevelopment scheme which was already alloted to some other tenant & she sold it to builder in 2006 & the same flat he alloted to my father in the year 2009.
The builder called my father to come with necessary documents and to execute the agreement. My father approached him on his call, He said to first inspect the flat if my father founds some defects then he will renovate and then he will execute the agreemen of the flat.
When my father pointed out some defects in the flad the builder refused to cure it becoz he wanted to demolish the chawl (cessed building) and wanted to hand over to BMC & MHADA for road widening to grant him OC.
On his refusal of curing the defects my father appointed an advocate with the xerox (draft) copy of agreement of 2009 and filed a Short Cause suit at Bombay City Civil Court in the year 2010.
But my advocate while drafting the plaint wrongly mentioned that the agreement was executed with the plaint & builder in the year 2009.
In the month August my advocate applied an Notice Of Motion seeking injunction order restraining the defendants to disposses me from the said transit accomodation until the filnal hearing, bcoz while the suit was pending the builder approached MHADA to give me a notice to vacate within 7 days u/s 95 A of MHADA act. we failed to get any relief from city civil.
In the month of June 2011 my father filed an Writ Petition at Bombay High Court (division bench)challenging Mhada 95 A and also i came to know from RTI act 2005 documents which i got form BMC (building & proposal dept), Resident Executive Engineer Office (MBBR) board MHADA. in that my father allotment was showing in a newly constructing tower which is still under construction.
However this month in the devision bench the writ petition Original side was rejected while admission on grounds pointed out by builder advocates that my father as stated in SC suit city civil plaint in 2010, that the agreement as been executed & we have accepted. but the fact is we never accepted the flat but the local police and the MHADA officer evicted forcefully in the flat which offered by the developer last year in November 2010?
Now i really dont understand what to do? please guide me?
I had a suit filed in City Civil Court last year 2010. In the plaint my advocate had by draft error had written that an agreement as been executed with the developer & plaintiff
Anonymous
06 October 2011 at 17:41
Hi friends, HAPPY DUSSEHRA
My query is on this month my Writ Petition was disposed by Division bench & the matter was against the Developer and MHADA & i am having an pending Small Cause (SC) suit & it as become In- Fractious @ City Civil Court of Bombay.
Can I file a new suit (case) @ Bombay High Court or in City Civil Court becoz the respondent had mislead the court & i want 1 more chance?I dont have Financial Capacity to appeal @ Supreme Court?
Please advise any solution?
Anonymous
22 September 2011 at 03:33
Hi,
We have filed an Writ Petition at Bombay High Court against MHADA,private Developer. I have got strong papers through RTI act -2005 which are against respondents, I got it from BMC & MHADA offices & attached it in WP but have a doubt will this papers will be considers by court & what will be the effects.
Anonymous
03 June 2011 at 21:57
Hello Experts,
I resides in mumbai, & have a query about MHADA 95 (A).
Also would want to know about DCR 33 (7),
Maharashtra Housing & Area Development for redevelopment of cessed & non cessed structures in mumbai.
Please guide me.
Anonymous
15 March 2011 at 01:19
Hi, I have an query or u can a confusion related to DCR 33 7 & MHADA 95 A,this is a case of a developer under DCR 33 (7) in composite redevelopment scheme. My father a tenant & was been actally shifetd to transit camp on the same plot of the developer in year 2001 & later the developer called my father to execute a agreement of a flat but the building was constructed in the year 1997 & we shifted in year 2001 in transit, but my father refused it because it was already been alotted to one of the tenant in the 1997 and she sold it to developer in year 2006.I have a question that is the developer is right to give an allotment which was already allotted to other means used one..& recently the MHADA gave us a notice to vacate in 7 day's & to shift to permanent alternate accomadation. We appealed in city civil court but we didin't get any injunction or relief against the eviction in the year 2010 they vacated us and shifted to the old building saying it was alloted on my father name in year 1997. later i came to know from one of the real eastate broker that mhada dont have power's to put you in permanent alternate accomodation, they can only put you in transit camp under 95 A. is he right?
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Rent act declaration suit in small causes court @ mumbai
My father is tenant from the year 1983 (28 years) & the son of original tenant who expired in 1968 & my uncle expire a year before him in 1967 who's son as filed RAD suit.
My father name is also shows as a tenant in MHADA tenant list.
My uncle son who is a grandson of my grandfather is residing with us with his wife and children.
In 1994 he had filed a suit of R.A.D & was dismissed in the 2001 for default as he & other plaintiffs were not showing interest & was not coming on dates in court.
He married somewhere in 2004 & again he filed a suit along with my aunt & his sister who both don’t stay with us.
He filed similar suit with similar relief in 2008 as the time of suit when we were residing in a suit premises, in the year 2010 our landlord who is also a developer who owns the property called my father to execute a agreement of a flat under DCR 33 (7) on ownership basis & to shift to new flat as there were some problem with the builder so we also filed a short cause suit not to dispose us without due process of law.
In November 2010 we were been forcefully evicted by mhada officials mhada u/s 95 (A) summery eviction to the flat which my father was allotted the flat. My uncle son (grandson) is also residing with us.
My question is as the uncle son filed RAD suit in 2008 & the suit on which he claims tenancy right to be transferred on his name.
The tenancy claim on the suit premises as been demolished in year 2010 & still the suit is going on & same as been said & in writing by advocate to judge but still nothing is happening as the plaintiff advocate don’t come on dates & take adjourment.
And now my landlord is not ready to execute agreement of the new flat, as he saying that he wants to know the judgement of small cause’s court.
As we are residing in co-operative society & not paying maintenance since 2010 will that cause me harm as the chairmen and other committee members are not asking for maintenance.