LAWS(BOM)-2008-7-164

UDAY PANDURANG MODAK Vs. S L A O

Decided On July 29, 2008
UDAY PANDURANG MODAK CHIEF PROMOTER OF SHREE GANESH Appellant
V/S
NANDA S. OAK ALL ADULTS Respondents

JUDGEMENT

(1.) On Akshikar Street, Dadar (West), Mumbai, there is a building known as "Khot building" on a plot of land admeasuring 570.15 sq. mtrs. The building is said to have been constructed in 1933 and, according to the petitioner, has not been repaired till 1985. The building has 28 tenements, out of which seven are in possession of the landlord and two in possession of one Jaywant R. Mehta, who is not a member of the petitioner cooperative housing society. According to the petitioner, the condition of Khot building has deteriorated and it requires immediate structural repairs for its better preservation. Most of its occupants, therefore, formed a society known as "Shree Ganesh Kripa Co-op. Housing Society" with the petitioner as its Chief Promoter. Nineteen occupants applied for action under Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976, hereinafter referred to as the "Act", which had come into force on 26-2-1986. The occupants required the Board to move the State Government to acquire the land together with the existing building thereon in the interest of its better preservation or for re-construction. This application was made under section 103-B of Chapter VIII-A which reads as follows:-

(2.) There was no reason why the Special Land Acquisition Officer (SLAO) ought to have held that the building does not require any repairs if he was of view that the application was not maintainable.

(3.) The learned counsel for the petitioner submitted that the findings are vitiated by errors. The learned counsel submitted that the law clearly requires that an application for acquisition of a cessed building under section 103-B of the Act should be made by 70% of the occupiers. Having regard to the meaning of the term '70% of the occupiers' given by the Explanation to section 103-B, the SLAO could not have rejected the application on the ground that it was not made by 70% of the occupiers.