J.P.DEVADHAR, J.-

1. Where some of the buildings constructed prior to 1940 on a large municipal plot are occupied by the tenants, whether the Municipal Corporation would be justified in permitting the developer appointed by the tenants to redevelop the entire plot under Regulation 33(7) of the Development Regulations for Greater Mumbai, 1991 instead of permitting redevelopment either by subdividing the plot or developing the plot under Regulation 33(9) is the question raised in this petition.

2. The dispute in the present case relates to the redevelopment of a large plot belonging to the Mumbai Municipal Corporation (‘Corporation’ for short) admeasuring 12130.07 sq. mtrs. bearing C.S. No.17/47 (part) of Lower Parel Division situated at Dr. E.Moses Road, Worli Naka, G/South Ward, Mumbai - 400 018 (hereinafter referred to as the ‘plot in question’).

3. On the plot in question, the Corporation had constructed several buildings prior to 1940, some of which are occupied by the municipal tenants and the remaining buildings are used for housing the Municipal Conservancy staff. Subsequently in the year 1959, a build