ATESHAM AHMED KHAN Vs. LAKADAWALA DEVELOPERS PVT LTD

JUDGEMENT

(1.) Rule; by consent returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

(2.) The First and Second Petitioners are Chief Promoters of a proposed Co-operative Housing Society, representing slum dwellers of a plot of land bearing CTS 6/1 (part) at Mankhurd, Mumbai. The Third Petitioner is a developer. The First Respondent is also a developer appointed by the Second Respondent which is another proposed Co-operative Housing Society, representing the interest of the slum dwellers. The dispute in this case pertain to a Slum Rehabilitation Scheme under DCR 33(10) of the Development Control Regulations.

(3.) On 15th June, 2006, an application for sanctioning a slum rehabilitation scheme was submitted by the First and Second Respondents to the Slum Rehabilitation Authority. Annexure-I to the application provided that 1235 structures existed on the land in question. Together with the application, the First and Second Respondents annexed a slum plan and a development agreement showing a total of 1400 existing tenements. On the same day, the First and Second Respondents submitted an Architect's certificate and a certificate of financial capacity both of which referred to the total number of slum structures as 1403. At that stage, the First and Second Respondents claimed that they had the consent of 911 slum dwellers. The application was accepted. On 17th June, 2006, the application was sent for scrutiny by the Deputy Collector of the Slum Rehabilitation Authority to the Additional Collector (Encroachment and Removal) for scrutiny. The Additional Collector forwarded the application in turn to the Deputy Collector. The First and Second Respondents were called upon to produce documents and on 25th July. 2006, the First and Second Respondents produced a compilation of documents including inter alia the voters' list and location plan. On 26th September, 2006, the First and Second Respondents produced the consents of 1000 slum dwellers out of a total of 1350 slum dwellers.