RASHIDA HUSSAIN KATHAWALLA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By this petition filed under Art. 226 of the Constitution of India, the petitioners have impugned the order dated 30th August,2018 annexed at Ex.F to the petition and communication letter dated 4th May, 2019 annexed at Ex.G to the petition.

(2.) It is the case of the petitioners that prior to 7th Feb., 2019, the petitioners and the respondent no.4 were the tenants in respect of the premises in Shop No.2, situated at Ground Floor, in the building known as Kanchwala Building, situated at 60/62, Saifee Jubilee Street, Bhendi Bazar, Mumbai 400 003 admeasuring 43.18 sq.mtrs (built-up) area bearing C.S.No.4211 of Bhuleshwar Division.

(3.) The respondent no.3 is a public charitable trust and has undertaken cluster redevelopment scheme under regulation 33(9) of the Development Control Regulation at Bhendi Bazar, Mumbai 400 003. The respondent no.3 followed the requisite procedure under the said provision. The redevelopment scheme of the respondent no.3 is however obstructed by some of the non-co-operative occupants.