Allowed

Prabhakar K.Markar and Ors. v. Mun.Corpn.of Gr.Bombay and Ors.

Bombay HC12 Aug 2005WP/512/1993

Case brief

AI extract

What is this about?

The Court allowed the petitioners to accept allotment of tenements in a redeveloped property by Sanjivani Developers under D.C. Rules, 1991. The respondents are granted liberty to remove structures after possession is given.

What did the court decide?

Petitioners to accept allotment in Sanjivani Developers' property; Respondents granted liberty to remove structures upon possession.

Prabhakar K.Markar and Ors. Vs Mun.Corpn.of Gr.Bombay and Ors. — Land Acquisition | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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O.O.C.J.

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WRIT PETITION NO.512 OF 1993

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Prabhakar K. Murkar, Room No.1.

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Mukund Parshuram Keer, Room No.2.

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Waman Bhiva Rane, Room No.3.

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Suresh Parshuram D.Nagvekar, Room No.4.

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Anand Bhau Surve, Room No.6.

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Shridhar Dhondu Todankar, Room No.5.

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Ramchandra Balaji Dhuri, Room No.7.

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Shankar Narayan Shridhankar, ..Petitioners Room No.8.

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All abovesaid rooms situated at Tarabai Chawl, S.K.Bole Road, Dadar, Bombay-400 028.

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v/s.

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The Municipal Corporation of Greater Bombay, a Corporation incorporated under the Bombay Municipal Corporation ACt, 1888, and also designated as Planning Authority under the Maharashtra Regional and Town Planning Act, 1956, and havign its office at Mahapalika Marg, Nagar Chowk, Bombay 400 001.

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The State of Maharashtra, through the Secretary, Urban Development Department, Mantralaya, Bombay.

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.. Respondents.

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Mr.R.D.Soni with Mr.R.S.Champawat for the petitioners.

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Shri Vinod Mahadik for the respondent No.1.

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Ms.Geeta Shastri, Assistant Government Pleader for the State.

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CORAM : R.M.LODHA AND J.P.DEVADHAR, JJ.

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DATED : 12th August, 2005

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ORAL JUDGMENT (Per R.M.Lodha, J.)

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Heard.

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2.	During	the	course	of hearing, the	learned
counsel	for	the	respondents	informed us that	one
Sanjivani	Dev	elopers	are d	eveloping the	property
bearing	FP	No.956,	TPS 4	of Mahim Division,	situate
at	Sayani	Road,	Prabhadevi,	Mumbai. The	said
developers	made	the	proposal	to accommodate	40
project	affected	pe	rsons.	The respondents	vide
their	com	munication	dated	18.1.2003 while	accepting
the	proposal	made	by the	said Sanjivani	Developers
made	under	section	33(15) of	the D.C. Rules,	1991
have	asked	the	said devel	opers to accommodate	the

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present petitioners on the conditions mentioned

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therein.

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3.	T	he	learned	coun	sel for	the petit	ioners	submits
that	the		grievance	of	the	petitioners	shall	be
redressed	if		they	are	given	possession	of	the

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accommodation in the property bearing FP No.956, TPS 4, Mahim, Mumbai being redeveloped by Sanjivani Developers.

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4.	We record	that	the	learned counsel	for	the
petitioners	made	the	statem	ent before us	that	the
petitioners	accept	the		alternative	accom	modation
being	offered in	the pro	perty	bearing FP	No.956,	TPS
4	of Mahim	Division	being	developed by		Sanjivani
Developers	and that	the	petiti	oners do not	desire	to
challenge	the	notices	dat	ed 31.7.1990,		8.9.1990,
22.10.1990,	21.10.1992 and the	order dated
12.10.1992	on merits.

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In the light of the submissions made before us, we are satisfied that the following order shall meet the ends of justice:-

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That	the	petitioners accept	the
allotment	of	tenements in	the
property	bearing	FP No.956, TPS	4 of
Mahim	Division,	Mumbai	being
developed	by	Sanjivani Developers	on
the	conditions	mentioned in	the
letter	dated	18.1.2003 sent by	the
office	of	the Assistant	Engineer,

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G/North Ward to M/s.Sanjivani

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Developers.

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Upon	possession	of	the	allotted
tenements	being	given	to	the
petitioners,	the	respondents		shall
be at liberty t	o remove the subject

structures.

No costs.

(R.M.LODHA, J.)

(J.P. DEVADHAR, J.)

Prabhakar K.Markar and Ors. v. Mun.Corpn.of Gr.Bombay and Ors.

Case brief

What is this about?

What did the court decide?

Prabhakar K.Markar and Ors. v. Mun.Corpn.of Gr.Bombay and Ors.

Case brief

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What did the court decide?

What the court decided

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