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2015 Supreme(Bom) 1002

V.M.KANADE, B.P.COLABAWALLA
Murtuza Shabbir Tinwala – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr Uday P. Warunjikar i/b Mr Siddesh A. Pilankar for Petitioner.
Mr Milind More, AGP for Respondent Nos.1 and 2.
Mr P.G. Lad, with Ms Aparna Murlidharan for Respondent Nos.4 and 5.
Dr Virendra Tulzapurkar, Sr. Counsel with Mr Virag Tulzapurkar, Sr. Counsel, Mr S.U. Kamdar, Sr. Counsel, Mr Nikhil Sakhardande, Mr Chirag Kamdar, Mr Denzil Aranbhan, Ms Rati Patni, Ms Divyankar Kapoor, Ms Apeksha Munot i/b M/s Wadia Ghandy and co. for Respondent No.6.

JUDGMENT :

B.P. Colabawalla J.

1. By this Writ Petition, challenge has inter alia been laid to the Letter of Intent (LOI) dated 10th August, 2011 issued in favour of the Respondent No.6 under Regulation 33(9) of the Development Control Regulations, 1991 [hereinafter referred to as “DCR 33(9)”] and for a direction against Respondent Nos.1 to 5 to inquire into the alleged illegalities and irregularities in the documents which were submitted for obtaining the said LOI. In the alternative to the above reliefs, the Petitioner seeks a writ of mandamus directing Respondent No.6 herein to execute and register agreements for permanent alternate accommodation with the tenants / occupants in respect of the cluster re-development of the Bhendi Bazaar Area and which is the subject matter of the LOI dated 10th August, 2011.

2. Before we deal with the facts of the case it would be appropriate to make note of DCR 33(9). DCR 33(9) deals with reconstruction or re-development of cluster(s) of Buildings under Urban Renewal Schemes and contemplates constitution of a High Power Committee (HPC). A detailed proposal for re-development under DCR 33(9) is first submitted to the HPC. Once the HPC scrutinizes th




























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