Case Note & Summary
The petitioners, nine shopkeepers occupying shops in Batliwala Chawl at S.K.Bole Road, Dadar, Bombay, filed a writ petition against the Municipal Corporation of Greater Bombay and the State of Maharashtra. The dispute pertained to the development of a T.P. Scheme in an adjoining plot bearing No.285 by M/s.Atul Trading and Financial Services Private Limited. The petitioners informed the Ward Officer of G North Ward by communication dated 14th September 2004 that the developers were ready to accommodate them by allotting equivalent premises in their plot, subject to the Corporation giving a no objection certificate. During the hearing, the counsel for the petitioners, Mr.R.D.Soni, submitted that this would bring an end to the controversy. The counsel for the Municipal Corporation, Mr.Vinod Mahadik, on instructions from Vijay Balamwar, Assistant Commissioner, G/North Ward, submitted that the Corporation shall give no objection to the developers within four weeks from the date of receipt of the proposal. The court, comprising R.M.Lodha and J.P.Devadhar, JJ., disposed of the writ petition in terms of the consent given by the Corporation, without any order as to costs.
Headnote
A) Town Planning - Rehabilitation of Displaced Persons - No Objection Certificate - Petitioners, shopkeepers in Batliwala Chawl, sought rehabilitation in adjoining plot under T.P. Scheme - Developer M/s.Atul Trading and Financial Services Private Limited ready to allot equivalent premises subject to Corporation's no objection - Corporation agreed to grant no objection within four weeks - Held that the writ petition is disposed of in terms of the consent given by the Corporation (Paras 2-4).
Issue of Consideration
Whether the petitioners, who are shopkeepers in a chawl, are entitled to rehabilitation by being allotted equivalent premises in an adjoining plot being developed under a T.P. Scheme, and whether the Municipal Corporation should grant no objection to the developer for such allotment.
Final Decision
The writ petition is disposed of in terms of the consent given by the Municipal Corporation of Greater Bombay. No order as to costs.
Law Points
- Rehabilitation of displaced persons
- Town Planning Scheme
- No Objection Certificate
- Consent terms
Case Details
2005 LawText (BOM) (08) 227
WRIT PETITION NO.513 OF 1993
Mr.R.D.Soni with Mr.R.S.Champawat for the petitioners, Shri Vinod Mahadik for respondent No.1, Ms.Geeta Shastri, Assistant Government Pleader for the State
Bansraj Singh Ramdas Singh, Smt.Shakuntala Dattatraya Joshi, Nandkishore V. Amburle, Narsingh Kerojirao, Lovekumar B. Dhawle, Chandrakant R. Date, Mohanlal & Kisarimal, Pyarelal Samu Gupta, Shankar Babu Sawant
The Municipal Corporation of Greater Bombay, The State of Maharashtra
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Nature of Litigation
Writ petition seeking rehabilitation of shopkeepers displaced due to a Town Planning Scheme.
Remedy Sought
The petitioners sought rehabilitation by allotment of equivalent premises in an adjoining plot being developed under the T.P. Scheme, with the Municipal Corporation granting no objection to the developer.
Filing Reason
The petitioners, shopkeepers in Batliwala Chawl, were affected by the development of a T.P. Scheme in an adjoining plot and sought accommodation from the developer, which was conditional on the Corporation's no objection.
Issues
Whether the petitioners are entitled to rehabilitation by allotment of equivalent premises in the adjoining plot under the T.P. Scheme.
Whether the Municipal Corporation should grant no objection to the developer for such allotment.
Submissions/Arguments
Petitioners' counsel submitted that the developers, M/s.Atul Trading and Financial Services Private Limited, were ready to accommodate the petitioners by allotting equivalent premises subject to the Corporation giving no objection.
Corporation's counsel, on instructions, submitted that the Corporation shall give no objection to the developers within four weeks from the date of receipt of the proposal.
Ratio Decidendi
The court disposed of the petition based on the consent given by the Municipal Corporation to grant no objection to the developer within four weeks, thereby resolving the dispute without adjudication on merits.
Judgment Excerpts
Mr.R.D.Soni, the learned counsel for the petitioners submits that to bring to an end to the controversy raised in the writ petition, by the communication dated 14th September, 2004, the Ward Officer, G North Ward of the Municipal Corporation of Greater Mumbai was informed by the petitioners that one M/s.Atul Trading and Financial Services Private Limited were developing the T.P.Scheme in the adjoining plot bearing No.285 and that the said developers are ready to accommodate the petitioners' by allotting the equivalent premises in their plot subject to the Corporation giving them no objection.
Mr.Vinod Mahadik, advocate for the Municipal Corporation for Greater Mumbai on instructions from Vijay Balamwar, Assistant Commissioner, G/North Ward submits that the Corporation shall give no objection to the developers within four weeks from the date of the receipt of the proposal.
Procedural History
The writ petition was filed in 1993. On 12th August 2005, the court heard the parties and disposed of the petition based on the consent given by the Municipal Corporation.
Acts & Sections
- Bombay Municipal Corporation Act, 1888:
- Maharashtra Regional and Town Planning Act, 1956:
