: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5648 OF 2008 Satish Dattatray Deorukhkar ... Petitioner V/s. The Estate Manager - TC Mumbai Building Repairs and Reconstruction Board ... Respondent Mr.Uday Warunjikar for Petitioner Mr.S.P. Thorat for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 1st JULY, 2009 P. C.: 1. The petitioner challenges the orders passed by the competent authority as well as the appellate officer under the Maharashtra Housing and Area Development Act, 1976. Both these authorities have held that the petitioner is an unauthorised occupant of the tenament which has been allotted in lieu of the old room No.9, Madiwala building, 5A, Dr.Bhalerao Road, Girgaum, Mumbai – 4. It is contended on behalf of the petitioner that notice has been issued to him u/s 66(2) of the aforesaid Act on 17.10.2005 wherein he has been asked to show cause why he should not be evicted as he is an unauthorised occupant of the premises. The learned advocate for the petitioner submits that section 66(2) requires grounds to be specified on which the order of eviction is proposed to be made. : 2 : 2. A perusal of the notice issued indicates that the ground on which he was proposed to be evicted is that he is in unauthorised occupation of the premises. This in my view would be sufficient reason for issuing him the aforesaid show-cause notice. 3. One Mahadev Devrukhkar was a tenant in respect of Room No.9, Madiwala Building 5A, Dr.Bhalerao Road, Girgaum, Mumbai – 4. As the building was in a dilapidated condition, MHADA directed him to vacate the premises by a notice dated 26.5.1981 and allotted to him an alternate accommodation in a transit camp in Colaba. Since Mahadev Devrukhkar had died on 21.1.1985 his tenancy rights and the notice to vacate were transferred to the petitioner’s name as he claimed to be a nephew of the former. The order of transfer was cancelled and the Petitioner was directed to vacate the premises. Aggrieved by this action the petitioner filed Writ Petition No.139 of 2000 which was dismissed on 15.2.2000. The Petitioner again managed to secure accommodation in the transit camp at Kandivli. Manisha, the daughter of the original tenant, claimed allotment of tenement in the reconstructed building. However, since the petitioner had been allotted the transit accommodation, her claim was not considered. Manisha had filed proceedings in this Court being Writ Petition No.2898 of 2004 which was decided on 13.9.2004. The Division Bench found that it appeared that the officers of MHADA had acted illegally and in fact it was Manisha who was eligible to be inducted in the reconstructed building. Liberty was granted to the petitioner to take independent action as may be advised to establish his claim to the tenement. Thereafter, the petitioner had filed a suit before the City Civil Court. That suit has been dismissed. However, during the proceedings, Appeal from Order No.681 of 2005 was filed by the petitioner, being aggrieved by the order : 3 : of City Civil Court dismissing the Notice of Motion for interim relief. By an order dated 7.10.2005, a learned Single Judge of this Court has observed “it cannot be accepted that for one tenanted quarter, two transit camps or two permanent allotments would be considered by MHADA. Thus, the refusal by the trial court to protect the plaintiff in the impugned order dated 3/5/2005 dismissing the Notice of Motion does not call for any interference and more so because of the view taken by the Division Bench of this court in the matter.” 4. This is yet another futile attempt on the part of the petitioner to secure the premises in the reconstructed building. On a perusal of the impugned orders, I see no reason to interfere with these orders. This Court in its jurisdiction under Article 227 of the Constitution of India may set aside the impugned order only if it is found to be perverse or there is an error of law apparent on the face of the record. I find that the impugned orders do not suffer from any infirmities. 5. Petition rejected.