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2011 Supreme(Bom) 111

ANOOP V.MOHTA, D.Y.CHANDRACHUD
Lokhandwala Infrastructure Pvt Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:Virag Tulzapurkar, Senior Advocate with Pravin Samdhani, Senior Advocate, Farid Karachiwala, Bhavik Manek & Arnav Shah i/b M/s. Wadia Ghandy & Co., Advocates. For the Respondents:R1, D.A. Nalavade, Government Pleader with Milind More, AGP, R2 & R3, J.G. Aradwad, R4, S.U. Kamdar, Senior Advocate with Ms. Pooja Patil i/b C.N. Gole, R5, S.G. Surana, R6, J.J. Bhatt, Senior Advocate with Zubin Behramkamdin and Vivek Vashi i/b Bharucha & Partners, Advocates.

JUDGMENT

DR. D.Y.CHANDRACHUD, J.

1. The subject matter of these proceedings is a Slum Rehabilitation Scheme under DCR 33(10) of the Development Control Regulations for Greater Mumbai. The Petitioners who are developers seek to impugn an order dated 6 December 2010 passed by the Chief Executive Officer of the Slum Rehabilitation Authority by which he has issued directions to process a letter of intent in favour of the Sixth Respondent on the ground that 70% of the members of the cooperative society eligible and present have “ ” supported the Sixth respondent at a meeting of the general body. The Petitioners also seek the issuance of an appropriate writ directing the Slum Rehabilitation Authority to process a proposal for redevelopment submitted by them and to consider the issuance of a letter of intent. Until that is done, the Petitioners have sought an injunction restraining the authority from considering any other proposal or application for the change of a developer.

2. The Fourth and Fifth Respondents are cooperative societies proposed to be formed of slum dwellers of land comprised in City Survey No.136 Part, 2/136 Part, 110 Part and 109 Part of Lower Parel Division at Worli, M






































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