NORMANDIE COOPERATIVE HOUSING SOCIETY LIMITED Vs. HOUSEWIFE

JUDGEMENT

(1.) This petition is by residents of Carmichael Road who claim to be active in preserving the area and surrounding, much less the heritage precinct in the area. It is claimed by the petitioners that they are residents of the area referredi.e. Carmichael Road and are deeply affected by the illegal actions on the part of the respondents which includes the State, Municipal Corporation of Greater Bombay, Maharashtra Housing and Area Development.

(2.) The facts necessary for deciding the present PIL are as under:

(3.) According to Shri. Dwarkadas, the learned senior counsel for the petitioner, before consent Decree was passed on 28/01/2011, on 21/01/2011, purported Deed of Assignment of tenancy came to be executed by erstwhile tenants Mr. Nityanand Wagle and Mr. Lalwani assigning their tenancy rights in favour of one Mr. Kashimpuria and Mr. Bhalgat. He then submits that not a single rent receipt is produced on record evidencing the creation of tenancy in favour of Mr. Wagle & Mr. Lalwani but for two tenancy receipts for the period prior to 2011 viz 01/12/1974 and 01/04/1975 issued by erstwhile owner Mr. Gaekwar. According to him, a complete unnatural transaction was entered into at the behest of respondent no. 9 who with a premeditated intention assigned the tenancies based on the terms which are best suited to his convenience so as to redevelop property under DCR 33 (7). Both these tenants Mr. Wagle and Mr. Lalwani sold their rights in favour of respondent no. 9 and by virtue of same, respondent no. 9 by taking undue advantage under Regulation 33(7) has illegally obtained permission to develop the property. He would urge that DCR 33 (7) is applicable to reconstruction/redevelopment to be undertaken by the Cooperative Housing Societies of tenants or Cooperative Housing Societies of Landlords and/or of occupiers of cessed building which falls under category 'A' in the Island city. He submits that the prerequisite for enjoying benefit under DCR 33 (7) can be summarised as :