Case Note & Summary
The judgment concerns three writ petitions filed in the Bombay High Court challenging the proposed redevelopment of a plot of land admeasuring 3297.68 sq. mtrs. being final plot No.1063, TPS IV of Mahim Division, which houses three chawls in a dilapidated condition. The petitioners in Writ Petition No.1976 of 2010 are M/s. Bevenu Infra Projects Pvt. Ltd. and another, who are the owners of the property under a deed of conveyance dated 26 March 2010. The sixth respondent is an association formed by the tenants and occupants, while respondents 7 to 21 are occupants who initially gave irrevocable consents but later sought to form a rival association. The facts reveal that on 30 September 2005, the managing committee of the sixth respondent agreed to appoint the first petitioner for redevelopment. On 27 December 2005, all occupants furnished irrevocable consents, and a letter was executed by 230 occupants agreeing to the proposal. A memorandum of understanding was entered into on 11 July 2006, followed by 227 individual tripartite agreements between August and November 2006, each containing unconditional irrevocable consents. On 20 April 2007, the first petitioner submitted a proposal to the Executive Engineer, which was eventually approved by the High Power Committee. The occupants who had given consents later sought to withdraw them and challenged the approval. The court considered the legal issue of whether such consents could be withdrawn. The court held that the consents were contractual and binding, and once given unconditionally and irrevocably, they could not be revoked. The High Power Committee's approval based on these consents was valid. The court dismissed all three writ petitions, upholding the redevelopment plan and the validity of the consents.
Headnote
A) Contract Law - Irrevocable Consent - Withdrawal of Consent - Once occupants have given unconditional irrevocable consents for redevelopment, they cannot subsequently withdraw or revoke such consents, as the consents are contractual in nature and binding. The High Power Committee's approval based on such consents is valid. (Paras 2-5)
B) Property Law - Redevelopment - Development Control Regulation 33(7) - Dilapidated Chawls - The proposed redevelopment of a plot of land admeasuring 3297.68 sq. mtrs. housing three chawls in dilapidated condition under DCR 33(7) is permissible. The owners, having acquired title by deed of conveyance dated 26 March 2010, are entitled to proceed with redevelopment based on the irrevocable consents obtained from the occupants. (Paras 2-4)
C) Administrative Law - High Power Committee - Approval - Validity - The High Power Committee's approval for redevelopment, granted after considering the irrevocable consents and the dilapidated condition of the property, is valid and cannot be challenged by occupants who had earlier given their consent. (Paras 5-6)
Issue of Consideration
Whether occupants who have given unconditional irrevocable consents for redevelopment can subsequently withdraw or revoke such consents, and whether the High Power Committee's approval for redevelopment based on such consents is valid.
Final Decision
The court dismissed all three writ petitions, upholding the validity of the irrevocable consents and the High Power Committee's approval for redevelopment.
Law Points
- Irrevocable consent
- Development Control Regulation 33(7)
- Redevelopment of dilapidated chawls
- Withdrawal of consent
- High Power Committee approval
- Estoppel
- Contractual obligation
Case Details
Writ Petition No.1976 of 2010, Writ Petition No.2073 of 2010, Writ Petition No.2074 of 2010
Dr. D.Y. Chandrachud, R.D. Dhanuka
Mr. Aspi Chinoy, Senior Advocate with Mr. Pravin K. Samdani, Senior Advocate, Mr. Shrikant Shah and Ms. Sheetal Dasgupta i/b Mehta and Girdharlal for the Petitioners in WP 1976/2010 and for Respondent No.5 in WP 2073/2010 and WP 2074/2010; Mr. S.G. Surana with Mr. C.N. Gole for the Petitioners in WP 2073/2010 and for Respondents 15 to 21 in WP 1976/2010; Mr. S.G. Surana for the Petitioners in WP 2074/2010; Mr. D.A. Nalavade, GP for Respondents 1, 2 and 14 in WP 2073/2010 and 2074/2010; Mr. J.G. Aradwad for Respondent No.1 in WP 1976/2010 and for Respondent No.15 in WP 2073/2010 and Respondent No.14 in WP 2074/2010; Mr. V.M. Parshurami for Respondent No.3 in all three Petitions; Mr. Ivor Peter D'Cruz for Respondent No.5 in WP 1976/2010, for Respondent No.4 in WP 2073/2010 and WP 2074/2010; Mr. Yatin N. Shah for Respondent No.6 in WP 1976/2010
M/s. Bevenu Infra Projects pvt. Ltd. and another (in WP 1976/2010); Bhikaji Vishnu Mahadeshwar and others (in WP 2073/2010); Mahesh Baliram Sawant and others (in WP 2074/2010)
The High Power Committee and others (in WP 1976/2010); The State of Maharashtra and others (in WP 2073/2010 and WP 2074/2010)
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Nature of Litigation
Writ petitions challenging the proposed redevelopment of a plot of land under Development Control Regulation 33(7) and the validity of consents given by occupants.
Remedy Sought
The petitioners sought to quash the approval granted by the High Power Committee for redevelopment and to prevent the developer from proceeding with the redevelopment.
Filing Reason
Occupants who had earlier given irrevocable consents for redevelopment sought to withdraw their consents and challenged the approval of the redevelopment plan.
Issues
Whether occupants who have given unconditional irrevocable consents for redevelopment can subsequently withdraw or revoke such consents.
Whether the High Power Committee's approval for redevelopment based on such consents is valid.
Submissions/Arguments
The petitioners (occupants) argued that they had the right to withdraw their consents and that the High Power Committee's approval was invalid without their current consent.
The respondents (developer and state) argued that the consents were contractual and irrevocable, and the approval was validly granted based on those consents.
Ratio Decidendi
Once occupants have given unconditional irrevocable consents for redevelopment, they cannot subsequently withdraw or revoke such consents, as the consents are contractual in nature and binding. The High Power Committee's approval based on such consents is valid.
Judgment Excerpts
The subject matter of the present proceedings is a proposed redevelopment under Development Control Regulation 33(7) of a plot of land admeasuring 3297.68 sq. mtrs. being final plot No.1063, TPS IV of Mahim Division.
On 27 December 2005 all the occupants of the property furnished irrevocable consents to the First Petitioner to carry out the work of redevelopment.
Under each of those agreements every occupant furnished an unconditional irrevocable consent to the Petitioner to develop the property.
Procedural History
The writ petitions were filed in 2010 challenging the redevelopment approval. The court heard all three petitions together and delivered judgment on 14 June 2012.
Acts & Sections
- Development Control Regulations for Greater Bombay, 1991: 33(7)
