Can't evict JLR society residents: Bombay HC
It also restrained MMRCL from evicting the residents and asked them to follow due process.
Mumbai: The Bombay high court has restrained Metro authorities from evicting members of a society and taking over their property at Jogeshwari Link Road forcibly for its Metro-2A line that is to go through society land. The society approached
The court after the MHADA and Metro issued them a notice to vacate the land without following due process of law. The court directed MHADA to give the society a proper hearing and settle the issue amicably and restrained the MMRCL from resorting to high-handedness.
A division bench of Justices A.S. Oka and Riyaz Chagla was hearing a writ petition filed by members of the Adarsh Nagar Cooperative Housing Society limited seeking directions to MHADA seeking concessions while carrying out construction on land that would get alienated from the main plot after the land sought by MMRCL was handed over.
While making submissions on behalf of the petitioners senior advocate M.P. Vashi told the court that the MMRCL had sought a part of the society land for the Metro 2A project which the society had agreed to hand over. The society in lieu of the piece of plot had sought permissions from MHADA to construct on a piece of the plot that would be alienated. However on March 9, 2018 MMRCL issued them a notice to vacate the plot without following due process. “The notices were issued to us as if we are slumdwellers. The acquisition procedure of the MMRCL reeks high-handedness,” said Vashi.
The bench directed the MHADA to give them a hearing and restrained MMRCL and directed them to follow due process while acquiring the plot.