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2011 Supreme(Bom) 213

D.Y.CHANDRACHUD, ANOOP V.MOHTA
Ikram Suleman Qureshi – Appellant
Versus
Mumbai Building Repairs & Reconstruction Board – Respondent


Advocates appeared:
For the Petitioners:Ramesh DubePatil and Mr.Ashish Giri i/b. Ajay Misar & Co., Advocates.
For the Respondent:R1, V.M.Parashurami, R7 & R8, Kevit Setelwad i/b. Mulla & Mulla, Advocates, D.A.Nalawade, GP.

JUDGMENT:

DR. D.Y.CHANDRACHUD, J.


Rule; by consent returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

2. The challenge in these proceedings is to a No Objection Certificate dated 13 June 2009 issued by the Mumbai Building Repairs and Reconstruction Board and to an IOD dated 28 January 2010 issued by the Municipal Corporation. The authorities whose action is challenged are impleaded as the First and Second Respondents. The subject matter of the petition is a proposed redevelopment to be carried out by the Seventh and Eights Respondents in respect of land and immovable property situated at Survey No.200 of Tardeo Division. The redevelopment is proposed under DCR 33(7) of the Development Control Regulations for Greater Mumbai.

3. The Petitioner is an occupant of a residential flat in an adjoining building, which is known as Suleman Tower. The building where the Petitioner resides was also redeveloped under DCR 33(7) and the construction is complete. At the time when the building belonging to the Petitioner was redeveloped, the structure situated on C.S.200 comprised of a ground floor and first floor. The bui














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