Case Note & Summary
The petitioners, eight individuals occupying rooms in Tarabai Chawl, Dadar, Mumbai, filed a writ petition seeking accommodation in a redevelopment project. During the hearing, the respondents informed the court that Sanjivani Developers were developing property bearing FP No.956, TPS 4 of Mahim Division, situated at Sayani Road, Prabhadevi, Mumbai. The developers had proposed to accommodate 40 project affected persons, and the Municipal Corporation, by communication dated 18.1.2003, accepted the proposal under Section 33(15) of the D.C. Rules, 1991, asking the developers to accommodate the petitioners on certain conditions. The petitioners' counsel submitted that their grievance would be redressed if they were given possession of accommodation in the said property. The court, after hearing the parties, directed the respondents to give possession of accommodation to the petitioners in the property being redeveloped by Sanjivani Developers.
Headnote
A) Town Planning - Accommodation of Project Affected Persons - Section 33(15) D.C. Rules, 1991 - The petitioners, occupants of rooms in Tarabai Chawl, sought accommodation in a redevelopment project. The Municipal Corporation accepted a proposal from Sanjivani Developers to accommodate 40 project affected persons, including the petitioners, under Section 33(15) of the D.C. Rules, 1991. The court directed the respondents to give possession of accommodation to the petitioners in the said property. (Paras 2-4)
Issue of Consideration
Whether the petitioners are entitled to possession of accommodation in the redeveloped property bearing FP No.956, TPS 4 of Mahim Division, Mumbai, being developed by Sanjivani Developers.
Final Decision
The court directed the respondents to give possession of accommodation to the petitioners in the property bearing FP No.956, TPS 4 of Mahim Division, Mumbai, being redeveloped by Sanjivani Developers.
Law Points
- Section 33(15) of D.C. Rules
- 1991
- Accommodation of project affected persons
- Redevelopment of property
Case Details
2005 LawText (BOM) (08) 226
WRIT PETITION NO.512 OF 1993
R.M. Lodha, J.P. Devadhar
R.D. Soni with R.S. Champawat for petitioners, Vinod Mahadik for respondent No.1, Geeta Shastri for State
Prabhakar K. Murkar and others
Municipal Corporation of Greater Bombay and State of Maharashtra
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Nature of Litigation
Writ petition seeking accommodation in a redevelopment project
Remedy Sought
Petitioners sought possession of accommodation in property bearing FP No.956, TPS 4 of Mahim Division, Mumbai, being redeveloped by Sanjivani Developers
Filing Reason
Petitioners, occupants of rooms in Tarabai Chawl, were not given accommodation in the redevelopment project despite a proposal accepted by the Municipal Corporation
Issues
Whether the petitioners are entitled to accommodation in the redeveloped property
Submissions/Arguments
Petitioners' counsel submitted that grievance would be redressed if possession of accommodation is given in the property being redeveloped by Sanjivani Developers
Ratio Decidendi
The court accepted the submission of the petitioners' counsel and recorded the statement of the respondents that the developers had been asked to accommodate the petitioners under Section 33(15) of the D.C. Rules, 1991, and directed compliance.
Judgment Excerpts
The learned counsel for the petitioners submits that the grievance of the petitioners shall be redressed if they are given possession of the accommodation in the property bearing FP No.956, TPS 4, Mahim, Mumbai being redeveloped by Sanjivani Developers.
We record the statement made by the learned counsel for the respondents and direct the respondents to give possession of accommodation to the petitioners in the property bearing FP No.956, TPS 4 of Mahim Division, Mumbai being redeveloped by Sanjivani Developers.
Procedural History
The writ petition was filed in 1993. During the hearing on 12th August 2005, the respondents informed the court about the proposal by Sanjivani Developers and the communication dated 18.1.2003. The court then passed the order.
Acts & Sections
- Bombay Municipal Corporation Act, 1888:
- Maharashtra Regional and Town Planning Act, 1956:
- D.C. Rules, 1991: 33(15)
