9] On our query, Mr. Samdani, learned counsel for the appellant stated that the developer would be required to construct 500 tenements having an area of 269 sq. ft. each and the said tenements would be required to be given to the eligible slum dwellers free of cost as per the scheme. The total area to be given to the slum dwellers free of cost thus comes to 1,34,500 sq. ft. Mr. Samdani further submitted that in lieu of constructing and providing this 1,34,500 sq. ft. area consisting of 500 tenements of 269 sq. ft. each, the developer would be allowed to construct and sell about 1,00,000 sq. ft. of area as free sale component. Assuming that the developer’s profit which traditionally is computed at 15% (both the counsel were unable to give amount of profit which a developer would make in a slum rehabilitation scheme and we also do not venture to estimate his profit), we would adopt the traditional mode of 15% of the area of the free sale component, i.e. about 15,000 sq. ft. as the profit of the developer. In our view, therefore, the interest of the appellant would be adequately protected by restraining the respondent no.23 from selling, transferring, alienating or otherwise creating any third party interest in respect of 15% (15,000 sq. ft.) out of the free sale area available to him for redevelopment.
