LAWS(BOM)-1983-11-48

DATTATRAYA GOVIND BHATKAR Vs. STATE OF MAHARASHTRA

Decided On November 18, 1983
DATTATRAYA GOVIND BHATKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) --The nine petitioners were occupants of tenements in Chawl No. 9-B situated at Dhotre Compound, Bhalerao Marg, Goregaum, Bombay 400 004. The said Chawl No. 9-B was a ground and first floor structure having in all 12 separate tenements. Each of these premises consisted of one room with an area ranging from 220 sq. ft. to 300 sq. ft., according to the petitioners. Some of the rooms were smaller in area according to the respondents. The premises on the ground floor also had a verandah admeasuring 12 x 10 (according to the petitioners). Each room on the ground floor had a loft admeasuring 10 X 6. The rooms on the first floor had a loft over the entire length of each room. The petitioners Nos. 1, 2 and 3 were occupants of rooms on the first floor of the Chawl Building No. 9-B. The remaining petitioners were in occupation of tenements on the ground floor.

(2.) On the property in question, there were four structures bearing Nos. 9-A, 9-B, 9-C and 9-D with common taps and common W.Cs. The total area of the tenements in these four buildings was 11,400 sq. ft. As these structures were in a dilapidated condition, the predecessor of the 2nd respondent viz. the Bombay Building Repairs and Reconstruction Board issued a notice dated 26th September, 1975 under section 92(1)(b) of the Bombay Building Repairs and Reconstruction Board Act, 1969 which was then in force, and called upon the petitioners and other occupants to vacate the premises in their occupation in the said Chawls including Chawl No. 9-B immediately. They were also informed that it was proposed to reconstruct the said buildings. Similar notices were also issued to the occupants of Chawl Nos. 9-A, 9-C and 9-D. Pursuant to the said notice the occupants of the said chawl including the petitioners vacated the said premises in their occupation and they were given temporary accommodation in transit camps. Thereafter the respondents and/or their predecessors demolished the said chawls and submitted a proposal for reconstruction of the said buildings.

(3.) A draft scheme prepared by the Bombay Buildings Repairs and Reconstruction Board was submitted to the Secretary, Government of Maharashtra, Public Works and Housing Department for consideration on 11th February, 1976. Under the scheme, in the place of the four chawls, two tall building were to be constructed. It was stated therein that depending upon the income of the occupants, single rooms and self-contained blocks were proposed to be constructed on the site in question. The new proposals had been framed taking into account some relaxation of the prescribed Floor Space Index, Development Control Rules and building bye-laws. As per the scheme for reconstruction it was possible to accommodate all existing tenants after reconstruction of the buildings and some tenements would be left over as surplus tenements which could be used for housing others. Appendix I to the scheme contained calculations relating to the cost of reconstruction. It also contained a sheet setting out the remarks of the City Engineer raised under No. CE/74/RB of 9-1-1976, and a compliance report in relation to these remarks. Note (ii) at the foot of the "remarks" column was as follows :