JUDGMENT :

1. Rule. Rule is made returnable forthwith. Respondents waive service. By consent, heard finally.

2. A short question which arises for consideration in the present proceedings is, whether tenants (in the present case one tenant) can dictate the nature of the redevelopment to be undertaken by the landlord, by insisting that the redevelopment of the building necessarily should be, as the building originally stood, prior to its demolition. Illustratively residential premises should be redeveloped only as residential and not as commercial or vice-versa.

3. The petitioner, which is a Limited Liability Partnership firm, is the owner of land bearing Final Plot No. 128B of TPS Bandra BIII in F Ward of CTS Bandra, admeasuring 714.90 square meters. Earlier, there was a building standing on said plot of land, which had 21 tenants. Certain part of the existing building had commercial tenements and partly residential tenements. The building had become dilapidated. A notice was issued by the respondent-Municipal Corporation of Greater Mumbai (for short ‘Municipal Corporation’) to the owners/occupants under Section 354 of the Mumbai Municipal Corporation Act, 1888 (for short ‘MMC Act’).