JUDGMENT :

G.S. Kulkarni, J.

1. These are petitions under Article 226 of the Constitution of India, concerning redevelopment or construction of new buildings. The existing buildings were demolished, after being declared dilapidated and dangerous, and were facing action for their demolition under Section 354 of the Mumbai Municipal Corporation Act,1888 (for short ‘the MMC Act’).

2. A short question of contemporary importance, which arises for determination in these petitions is as to whether the Municipal Corporation for Greater Mumbai (for short ‘MCGM’) would be justified in imposing a condition that the owner/landlord who intends to undertake redevelopment of a demolished building, is required to obtain 100% consent of all the erstwhile tenants/occupants, by submitting to the MCGM, ‘permanent alternate accommodation agreements’, executed with all the tenants, as a condition for issuance of a commencement certificate (CC), stated to be mandated by Clause 1.15 of the “Guidelines issued by the MCGM for declaring private and municipal buildings as ‘C-1’ category (Dangerous, Unsafe)”