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2011 Supreme(Bom) 364

D.Y.CHANDRACHUD, ANOOP V.MOHTA
Atesham Ahmed Khan – Appellant
Versus
Lakadawala Developers Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioners:Aspi Chinoy, Sr.Advocate with Z.A. Jariwala i/b. Thakore Jariwala & Asso., Advocates.
For the Respondents:R1, Rajiv Narula i/b. Thakore Jariwala & Associate, R2, S.G. Surana, R5 & R6, M. Sayed, AGP, R3 R4 & R7, G.D. Utangale i/b. Utangale & Co., Advocates.

Judgement Key Points

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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 First and Second Petitioners are Chief Promoters of a proposed Cooperative Housing Society, representing slum dwellers of a plot of land bearing CTS 6/1 (part) at Mankhurd, Mumbai. The Third Petitioner is a developer. The First Respondent is also a developer appointed by the Second Respondent which is another proposed Cooperative Housing Society, representing the interest of the slum dwellers. The dispute in this case pertain to a Slum Rehabilitation Scheme under DCR 33(10) of the Development Control Regulations.

3. On 15 June 2006, an application for sanctioning a slum rehabilitation scheme was submitted by the First and Second Respondents to the Slum Rehabilitation Authority. Annexure-I to the application provided that 1235 structures existed on the land in question. Together with the application, the First and Second Respondents annexed a slum plan and a development agreement showing a total of 1400 existing tenements. On the same day, the First and Second Respondents submitted an Architect’s














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