BDD CHAWL DUKANDAR SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As we have noted in previous orders, the issue relates to the redevelopment of the BDD chawls at Worli, Naigaon, NM Joshi Marg and at Sewri or at some of these BDD sites. The Petitioners all say that being tenants of commercial, i.e. non-residential, premises, on any redevelopment they should be treated on parity with those who are occupying residential premises. There is, according to the Petitioners, a form of invidious discrimination in the sense that those occupying residential premises are promised on redevelopment much larger premises of 500 sq ft with attached baths. On the other hand, commercial occupants/tenants are given no such increase but are being told that they will get on redevelopment exactly the area that they presently occupy. Mr Anturkar for the Petitioners says that apart from the obvious Article 14 manifest arbitrariness and irrational classification argument, which is also directed against the applicable Development Control Rules, there are certain additional questions of the right to compensation and whether tenancies can be taken over in this fashion.

(2.) The urgency is that the development is scheduled to begin on the ground. Some work has already begun. Once the existing structures are brought down and even if there is only a plinth or a foot print, the apprehension of the Petitioners is that their rights will be forever compromised. The immediate application therefore is for an early date for final disposal of the Petition.

(3.) There is one further development we must note. Dr Sathe on instructions states on behalf of MHADA that if all the persons who are commercial occupants/tenants are agreeable to accept residential tenements on redevelopment, they will be treated on par with other residential occupants/tenants, that is to say on redevelopment they will receive the enlarged 500 sq ft units. Mr Anturkar states that he will take proper instructions in this regard as well by the next date.