AVINASH GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. Heard the parties.

(2.) The appellants challenge the order dated 5.5.2005 by which W.P. No. 649/2005 filed by them was dismissed by the Bombay High Court.

(3.) A property known as Pimpalwadi at CS No. 370 Tatya Gharpure Marg, Girgaon Division, Mumbai, originally belonged to Sir Harkishandas Trust. The said property consisting of several Chawls, Godowns and Sheds was acquired by the State of Maharashtra under Section 41 of the Maharashtra Housing & Area Development Act, 1976 in the year 1988. Thereafter, the State Government delivered possession of the said property to the Maharashtra Housing & Area Development Authority ('MHADA' for short) on 31.1.1989 for redevelopment under Urban Renewal Scheme. However, due to certain protracted litigation between the owners of the property and Pimpalwadi Bhadekaru Sangh formed by the occupants of the said property, MHADA could not take up the reconstruction. At that stage, the said Pimpalwadi Bhadekaru Sangh, gave a proposal to MHADA to permit development of the property through M/s. Shreepati Towers - a private developer (an AOP of respondents 5 to 12 described also as "R.R. Chaturvedi and Ors. of M/s. Shreepati Group"). The said property had 312 residential tenements and 23 non-residential tenements. MHADA considered the proposal and granted a no objection certificate dated 27.2.2001 for redevelopment of the said property in favour of the developer, under Regulation No. 33(7) of Development Control Regulations for Greater Mumbai, 1991 (for short 'DC Regulations').