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Supreme Court of India 2022-04-19 partly_allowed

Jagdish Mavji Tank (Dead) Through Lrs. & Ors vs Harresh Navnitrai Mehta & Ors

Bench: 2 — L. Nageswara Rao

In Brief

Tenants of Jariwala Chawl, Mumbai sought redevelopment of their property. The Court previously ordered M/s. Raj Doshi Exports Pvt. Ltd. to complete redevelopment within 42 months. The Supreme Court found both the builder and MHADA (housing authority) guilty of non-compliance: the builder for failing to commence construction despite its undertaking, and MHADA for imposing unreasonable conditions contradicting earlier Court orders about land ownership and subdivision requirements. The Court rejected MHADA's claim to a portion of the land and right to execute a separate lease deed. The Court accepted the builder's new undertaking to complete the entire project within 36 months of tenant vacation and warned that further disobedience would be seriously viewed. The contempt petition was closed with liberty to tenants to return if directions are not followed.

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Contempt of Court Real Property/Redevelopment Administrative Law Housing and Urban Development Compliance with Court Orders Landlord-Tenant Relations Government Authorities Accountability

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