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This is an archive article published on March 20, 2013

582 families in dock as MHADA gets possession of 11-acre land

As many as 582 families staying at the Netaji Cooperative Housing Society Limited in Wanworie are likely to lose their “rightful ownership” of about 11.55-acre land of the society.

As many as 582 families staying at the Netaji Cooperative Housing Society Limited in Wanworie are likely to lose their “rightful ownership” of about 11.55-acre land of the society.

The district court has dismissed the society’s appeal against the lower court order that refused to grant an interim injunction against transferring the land concerned to the Maharashtra Housing & Area Development Authority (MHADA).

This would mean that the transfer of the land has been legalised. The land,located at Survey number 70 a/1,2,3 and 70 b,was developed by the Maharashtra State Housing Corporation Limited (MSHCL),an independent body registered under the Companies Act,1956,around 1974. The corporation,currently under the process of official shutdown,is being controlled and governed by MHADA.

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The MSHCL,which according to the tenants was supposed to hand over the land to the Netaji Society,as it had recovered the price of said land from them,instead transferred the land to MHADA by passing a resolution in November 2008. Furthermore,the Maharashtra State Housing Department of the state government,in October 2010,sanctioned a proposal moved by MSHCL to transfer the land concerned in favour of MHADA.

“MSHCL had assured us that the entire land and buildings on it would be conveyed to tenants after formation of a housing society. The land concerned was purchased from private parties,from advance payments made by us. After all of us cleared the loan taken from the HUDCO in June 2007,and subsequently obtained ‘no dues’ certificate from the MSHCL,our demand for land to get conveyed in favour of the society was consistently denied,” society secretary Nandan Bhawkar told Newsline on Tuesday.

After learning that MSHCL was planning to transfer land to MHADA,the Society,in September 2011,filed a case in the court of civil judge (senior division),seeking injunction against the transfer of land. But it was ruled out.

“Despite the matter being sub-judice,the MSHCL conveyed the land and buildings on it to MHADA on November 24,2011,by a sale deed of Rs 11,565. Since then,the MHADA is now trying to start construction work on the vacant area,” Bhawkar said.

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Efforts of the Society,which appealed against the lower court order in January 2012,after MHADA undertook land-survey,received a setback,when the district court gave its verdict,legalising the transfer of land to the MHADA. In its judgment on March 6,the district court dismissed the appeal,stating that the Society has failed to establish that the entire 11.55 acre land was vested with it.

When contacted,MHADA chief officer (Pune board) Rajendra Nimbalkar said a 11-storey building was planned in a portion of the vacant land at Netaji Society for the benefit of the needy and work would be begin soon. “Our stand is now vindicated by the judiciary,” he said,appealing the tenants to join MHADA.


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