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2015 Supreme(Bom) 2510

MOHIT S.SHAH, G.S.KULKARNI
J Gala Builders – Appellant
Versus
Mumbai Building Repairs and Reconstruction Board – Respondent


Advocates Appeared:
For the Petitioners:Dr. Veerendra Tulzapurkar, Senior Advocate with Virag Tulzapurkar, Senior Advocate, Sanjay V. Kadam, Apeksha Sharma and Sanjeel Kadam i/by Kadam & Co.
For the Respondent - BMC in All Writ Petitions:- A.Y. Sakhare, Senior Advocate with T.H. Puranik and Nikita Trivedi, Advocates.

JUDGMENT :

Mohit S. Shah, J.

In this group of writ petitions, the petitioners have challenged clause-4 of Appendix-III of Regulation 33(7) of the Development Control Regulations for Greater Mumbai, 1991 ('DCR') particularly the words in bold :-

"4. ...... the prescribed percentage of the surplus built-up area as provided in the Table in the Third Schedule of the Maharashtra Housing and Area Development Act, 1976 shall be made available to the Mumbai Repairs and Reconstruction Board for accommodating the occupants in transit camps or cessed building which cannot be reconstructed, on payment of an amount as may be prescribed under MHADA Act, 1976."

2. The petitioners have broadly challenged the above Regulation on the ground that the same provides for compulsory acquisition of part of property constructed by the petitioners on their own lands without authority of law and without providing for any adequate or reasonable compensation and that the compensation proposed to be paid is illusory.

3. The petitioners have also challenged the consequential orders and notices as the petitioners were no
















































































































































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