(DR. D.Y. CHANDRACHUD, J.)

1. In 1948 the Bombay Housing and Area Development Board became the owner of a large tract of land at Goregaon (West), Mumbai admeasuring 40 acres equivalent to 1,65,800 sq. meters. The Board had constructed 808 ground floor structures consisting of Patra chawls and each tenement admeasured 220 “ ” sq. ft. The area is now known as Siddharth Nagar. The Maharashtra Housing and Area Development Authority came into existence on 5 December 1977. In 1984 a cooperative society representing the occupants was formed comprising of 663 out of 808 tenants. The Court has been informed that the number of occupants at present stands at 672. The rest of the occupants were rehabilitated in various other schemes.

2. The co-operative society representing the occupants entered into an agreement on 9 September 1986 with a developer – Lokhandwalla Society and Development Company Limited – to develop a gross land area of 13.18 acres. Net of reservations the area was 10 acres. On 8 February 1988 the Government of Maharashtra issued a resolution by which it provided that out of the 40 acres of land owned by MHADA, a net area of 10 acres would be alloted to the cooperati