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2023 Supreme(Bom) 731

G. S. KULKARNI, R. N. LADDHA
Estella Fernandes Nee Estella Fernandes – Appellant
Versus
Swarna Highrise Constructions – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anil V. Anturkar, Senior Advocate a/w. Mr. Ranjit Shinde and Mr. Harshwardhan Suryavanshi i/b. Patel & Associates
For the Respondent: Mr. Shailendra S. Kanetkar, Mr. Anoop Patil a/w. Ms. Vandana Mahadik

JUDGMENT :

G.S.Kulkarni, J.

1. These are seven petitions in which common issues are raised by the petitioners, hence they are being disposed of by this common judgment.

2. This is yet another case whereby about seven tenants of the building in question, intend to stall the redevelopment to the prejudice of majority of the tenants who are out of their houses and awaiting redevelopment of a building, which came to be demolished being dilapidated. The ingenuity of the petitioners to raise issues under the Development Control and Promotion Regulations 2034 is what falls for consideration.

3. Writ Petition No. 2329 of 2019 is argued as the lead petition. The relevant facts are required to be noted:-

4. The petitioner is a tenant in respect of a building ‘Haji Manzil’ situated on a Plot bearing CTS Nos. A/645M A/646 & A/647, Village Bandra-A at 91, Chinchpokli Road, Off Hill Road, Bandra (W.), Mumbai – 400 050 (for short, “the said building”).

5. It is the case of the petitioner that the building was constructed in the year 1968 which consists of 28 tenements. The said building is a structure of ground plus two floors. Respondent no.1-Swarna Highrise Constructions is the owner/landlord of the

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