NISHIT PANCHAND TURAKHIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petition can be disposed of at the admission stage itself.

(2.) The three Petitioners are owners of the property in question, Plot No 227, CS No. 202, D/10 of the Matunga Division, Sir Bhalchandra Road, Mumbai 400 019. On this, there stood a ground and two-floor structure called Nishit Mahal. It has been demolished and redeveloped. The new building has 19 floors and stack parking. The plot itself is only 500 sq mts. The original building had 12 tenants or occupants, certified by the Maharashtra Housing and Area Development Authority. They are to be given homes in the redeveloped building. There are some free sale units too.

(3.) Respondent No 4 is a doctor, a general physician. He demands a closed garage on the ground floor for use as his consulting rooms or clinic, i.e., non-residential (or commercial) use.