Review petition in bombay high court
Raymond Fernandes
(Querist) 14 October 2011
This query is : Resolved
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
Govind
(Expert) 16 October 2011
If u'r advocate knows the error then why he not amend the plaint.
now firstly amend plaint in city civil court and there after approach to high court.
