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2010 Supreme(Bom) 1727

D.Y.CHANDRACHUD, DINOO BAJI TODIWALLA
Dinoo Baji Todiwalla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:Dinyar D. Madon, Sr. Advocate with Mikhial Behl, J.S. Solomon & Ms. Shirin Hornuzdi i/by M/s. Solomon & Co., Advocates.
For the Respondents:R2 to R5, E.P. Bharucha, Sr. Advocate with P.G. Lad, R6 to R9, Narendra V. Walavalkar, Sr. Advocate with Ms. V.S. Gharpure, R10 to R12, Fredun E. Devitre, Sr. Advocate with Vineet Naik i/by Sangramsingh S. Yadav, R13 & R14, V.A. Thorat, Sr. Advocate with Behram Shroff and Chandra Naik i/by M/s. Chandra Naik & Associates, Advocates.

Judgment :

ORAL JUDGMENT: (DR. D.Y.CHANDRACHUD, J)

These proceedings have been instituted under Article 226 of the Constitution by seventeen occupants of residential tenements of an immovable property called Dalal Estate, situated at Mumbai Central. A Letter of Intent has been issued by the Maharashtra Housing and Area Development Authority under Development Control Regulation 33(7) for redevelopment of the property.

2. In the scheme of redevelopment, the developer, who is the Thirteenth Respondent, has agreed to provide accommodation to the existing occupants, including all the Petitioners under Development Agreements dated 29 August 2006, 30 April 2007 and 4 June 2010. All the existing occupants, including the Petitioners, are to be provided permanent alternate accommodation free of cost on ownership basis. In the meantime, until the permanent alternate accommodation is complete, the developer has agreed to provide monthly compensation, at the rate of Rs.60.70 per sq. ft. of carpet area for residential premises and Rs.87.75 per sq. ft. or, as the case may be, Rs.114.78 per sq. ft. for nonresidential premises, depending on whether or not they have frontage on the main road. A corp
























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