ANDRADE MOTORS Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) The Petitioner has basically challenged the impugned order passed by the Administrator and Divisional Commissioner, Konkan Division, Mumbai in Appeal under Section 35 of the Maharashtra Slum Areas (I.C. & R.) Act, 1971 (for short, "the Act") dated 19th January, 2009, whereby his Appeal against the impugned order dated 21/08/2008 passed by the Assistant Commissioner, G-South, MCGM, has been dismissed. In the result, the basic notice under Section 33 of the Act and the order passed by the Assistance Commissioner has been confirmed.

(2.) Admittedly, the Slum Rehabilitation Authority (for short, "SRA") has sanctioned the Redevelopment Scheme on plot bearing C.S. Nos. 209 (pt), 224 (pt), 226 (pt), 231 (pt), 232 (pt) and 991 (pt), known as Belani Nagar, Worli Koliwada, Worli, Mumbai- 400 025, under Section 33(10) of Development Control Regulations for Greater Bombay, 1991, (for short, "D.C.R. Rules"). A Letter Of Intent dated 04/08/2006 shows the Petitioner is eligible for an alternate accommodation as per Municipal record in Annexure-II at Serial No. 174.

(3.) The Petitioner is in possession of 330.35 Sq. Mtrs. and loft of 49.40 Sq.Mtrs.. It is also shown in the Municipal record that the Petitioner is vacant land Tenancy holder (for short, "VLT"). The said VLT was on temporary basis. The Petitioner's structure has been declared as slum for redevelopment of the plots. The structure of the Petitioner is affecting 120' D.P. Road - nearly 50% and remaining portion affecting BEST Bus Stand (for short, "BBS") reservation.