HIGH COURT OF JUDICATURE AT BOMBAY
S.C. DHARMADHIKARI & R.Y. GANOO, JJ.
S.S.V. Developers & Another
Versus
Union of India, through the Secretary & Others
Writ Petition No. 646 of 2013
Decided on: 23-12-2013
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Section 33 - MRTP Act, 1966, Section 33 - Development Control Regulation for Gr. Mumbai, Reg. 16(n) - Guidelines for slum rehabilitation. - Guidelines issued by State Government for construction of rehabilitation building near defence establishment, being a policy decision warrants no interference in exercise of writ jurisdiction. - Therefore, not only the paragraphs reproduced above but the further paragraphs of the decision in TCI case, 2012 (5) All MR 611 (supra) would demonstrate and denote that the point raised is completely covered against the petitioners in the present case. In view of this Division Bench judgment, additionally, found that there is no merit in the argument of Mr. Sathe that TCI Industries judgment, 2012 (5) All MR 611 (supra) must be seen in the backdrop of its facts and is distinguishable because it is delivered in a case where the property was immediately adjacent or adjoining to the defence establishment.
In these circumstances, Court does not find that the orders/communications impugned by the petitioners are in any way vitiated. Court is satisfied from the explanation given in the affidavit that there is no discrimination and it is not that the petitioners’ project has been singled out for any different treatment.
(Dharmadhikari, J.)
1] Rule. Respondents waive service. By consent rule is made returnable forthwith.
2] By this petition under Article 226 of the Constitution of India, the petitioners are challenging the communication dated 19th March 2011 issued by the Slum Rehabilitation Authority (SRA for short), requiring the petitioners to obtain No Objection Certificate (NOC for short) from the Naval Authorities, the communication dated 4th November 2010 issued by the State Government to the Municipal Corporation prescribing condition of NOC, a communication dated 29th April 2011 was issued by the Government of Maharashtra to SRA directing issuance of stop work notice to the petitioners and finally stop work notice dated 30th April 2011 issued by the SRA.
3] Since detailed arguments are canvassed and at the stage of interim injunction/ relief, we have heard parties on all issues and points canvassed before us.
4] The facts arising out of which these reliefs have been sought are that the petitioner No.1 is a partnership firm inter alia engaged in the business of real estate development. The second petitioner is its partner. The Slum Rehabilitation Project on the plot of land bearing C.T.S.No.208(pt), 209(pt) off Lower Parel, Worli Division, Mumbai is the project which is the subject matter of the petition. This development and slum rehabilitation project is on this plot of land which admeasures 5342.38 sq.mtrs. On this plot, there were 272 slum dwellers. The petitioners state that the plot is not reserved for any public purpose except for widening of road.
5] On 19th October 2004 a letter was addressed by Maharashgra Housing and Area Development Authority MHADA to the Executive Engineer SRA giving the details of the area of the subject plot as well as Annexure II. On 8th December 2004 the Municipal Corporation furnished the development plan remarks in respect of the subject plot to the petitioners Architect stating that the said plot was not reserved for any public purpose. On 23rd December 2004, SRA issued a letter of intent to the petitioners' Architect in respect of C.T.S.Nos. 208(pt) and 209(pt) for rehabilitation of members of Mahakalinagar Rahivashi SRA Sangh. The letter of intent indicated that 122 slum dwellers were to be re-accommodated and 34 PAP tenements were to be generated. On 7th January 2005, a letter was addressed by MHADA to SRA giving their no objection for the redevelopment scheme under D.C. Regulation 33 (1) on C.T.S.Nos. 208 (pt) and 209(pt). On 19th March 2005, a letter was addressed by the Government of Maharashtra to slum Rehabilitation Authority granting their NOC for the redevelopment of plots bearing C.T.S.Nos. 208(pt) and 209 (pt). On 10th May 2006, a revised letter of intent was issued by SRA in respect of C.T.S. No.208(pt) and 209(pt) by changing certain conditions relating to F.S.I.
6] On 11th May 2006, respondent No.10 was registered as a cooperative housing society. On 17th May 2006 respondent No.9 was registered as a cooperative housing society. On 29th May 2006, SRA granted intimation of disapproval to the petitioners for construction on C.T.S.Nos. 208(pt) and 209(pt) for composite building. The said intimation of disapproval did not stipulate a condition as regards any No Objection certificate from Naval Authorities or any other authority. On 9th June 2006, a letter was addressed by SRA to the petitioners Architect for amalgamation of the slum rehabilitation scheme of the occupiers who represented respondent Nos. 9 and 10 societies and such approval was granted by the SRA. On 9th June 2006 the commencement certificate was issued by the SRA for construction on C.T.S.No.208(pt) and 209(pt). On 19th June 2006, the SRA issued intimation of disapproval for building No.2 in respect of the subject plots bearing C.T.S.Nos. 209=8(pt) and 209(pt). On 8th January 2007, a letter was addressed by Municipal Corporation to the petitioners granting permission for removal/ transplanting of trees. On 5th January 2007,
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