1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1206 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1508 OF 2009 Indrajit Chandulal Ghavri & ors. ... Appellants v/s Mumbai Housing & Area Development Authority & ors. ... Respondents Mr.L.S.Gaikwad for the appellants. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JANUARY, 2010 P.C.: 1. The appellants have approached this Court contending that the order passed by the Trial Court refusing them interim relief is erroneous. This order was passed on 30.9.2009. 2. It is the contention of the appellants that they are residing on a plot which has been leased by Maharashtra Housing & Area Development Authority (in short, MHADA) 2 to a co-operative housing society. That society has not been made a party to the suit filed by the appellants before the City Civil Court. The appellants claim that since they have been residing on the suit plot, they are entitled to the same area after redevelopment of the plot as members of the co- operative housing society. They contend that since MHADA is the owner of the plot and their tenements have been regularized in view of the order passed by the competent authority, they cannot be evicted from their tenements. They also contend that since the eviction proceedings against them have been disposed of and it has been declared that they cannot be treated as encroachers or trespassers, they are entitled to the same area as the members of the co-operative housing society. 3. In my view, the Trial Court has not committed any error in refusing the interim relief to the appellants. The appellants, admittedly, are not members of the co-operative housing society. The society is redeveloping its buildings through a builder being respondent No.4. Respondent No.4 has agreed to build 262 tenements for the members of the society and additionally they have agreed to build 295 tenements on an adjacent plot owned by MHADA. Respondent No.4 has agreed to house the appellants in 3 the buildings which they will construct for MHADA on the adjacent plot. It is submitted by the learned counsel appearing for respondent No.4 that all the appellants will be housed in those buildings and will be entitled to the same area as other occupants of those buildings. The appellants, therefore, would be entitled to an area admeasuring 300 sq.ft. in accordance with MHADA Act and Rules framed thereunder or such additional area as available under any policy of MHADA. 4. In these circumstances, the appeal from order stands dismissed along with the civil application. ..... 4