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2015 Supreme(Bom) 1040

MOHIT S.SHAH, A.K MENON
Ravee B. Botalje – Appellant
Versus
Shree Krishan Sai Development Corporation – Respondent


Advocates:
Advocate Appeared:
Ms. Anita Castellino i/b. Mr. D.S. Patil for the appellants.
Ms. Harsha Y. Shah, Asstt. Govt. Pleader for respondent nos.1 to 3.
Mr. Nitesh Bhutekar for respondent no.4.
Mr. M.M. Vashi i/b. Mr. M.P. Vashi & Associates for respondent
no.5.
Mr. S.S. Deshpande, Court Receiver, present in Court.

JUDGMENT :

This appeal is directed against the judgment and order dated 8 May 2015 of a learned Single Judge of this Court appointing the Court Receiver of this Court as Receiver of the two flats presently in occupation of the appellants and directing the appellants to hand over possession of the said flats to the developer, subject to the developer paying the amounts payable to the appellants under the Development Agreement through the Court Receiver.

2. The high degree of saline corrosion in Mumbai shortens the life of buildings. Thousands of buildings require either entire reconstruction or extensive repairs which the occupants belonging to low income group or middle class families cannot afford. The only way out is redevelopment with higher FSI provided under the Development Control Regulations for Greater Mumbai, 1991. This requires involvement of a developer to be selected by the cooperative housing society who will develop the building and provide new rehabilitation flats of equal or larger area to occupants in the old building free of cost and recover his costs and profit from construction of additional flats which the developer can sell on his own. The solution appears to be

























































































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