The Authority under Sec. 103B of the Maharashtra Housing Act has the conferred power to de-acquire property upon majority tenant consent while ensuring procedural compliance, thus upholding tenant interests in redevelopment contexts.

JUDGMENT/ORDER

SUNIL B. SHUKRE, J. - These petitions filed by the occupiers-tenants of "Dattatraya Buildings", standing on the land bearing City Survey No. 310, Tardeo Division, Tukaram Javji Road, Grant Road (West), Mumbai 400 007, ("Subject Property", for short), seek quashing and setting aside of the Notification dtd. 8/3/2016, issued by respondent No. 3 - the Special Land Acquisition Officer, Mumbai Repair and Reconstruction Board, MHADA, Mumbai, whereby the Notification issued by respondent no.3 on 5/8/1994 for acquisition of the subject property in terms of Sec. 103-B(5) of the MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT , 1976, ("Act 1976", for short), came to be cancelled.

2. It is the contention of the petitioners that there were in all seven buildings, which were commonly known as "Dattatraya Buildings", constructed in early 1920's. Due to neglect by their owners, i.e. respondent Nos. 4 to 9, the subject property deteriorated in condition. The buildings were declared to be cessed buildings and the state of disrepairs became so acute that the majority of the occupiers-tenants of Dattatraya Buildings felt the need for redevelopment and reconstruction of all the buildings and, therefore, they formed a proposed cooperative housing society, namely, "Shri Dattaprasad Cooperative Housing Society (Proposed), ("Proposed Society", for short), by passing a resolution by majority on 17/11/1989. By this resolution, the Proposed Society resolved to redevelop the subject property on their own, by taking recourse to the provisions of Chapter VIII-A of the Act 1976. Accordingly, the Proposed Society made an application on 20/11/1989, under Chapter VIII-A of the Act 1976, requesting the Mumbai Housing and Area Development Board, ("Board", for short), constituted in terms of Sec. 18 of the Act 1976, to move the State Government to acquire the land, together with the existing buildings thereon, in the interest of their better preservation or for reconstruction of new buildings in lieu of the old ones.

3. On receipt of the application for acquisition of the subject property for the purpose of its redevelopment and reconstruction, the Board verified and scrutinized the application, as required under Sec. 103B(2) of the Act 1976, and being satisfied with what the application disclosed i.e. the necessity for reconstruction of new buildings, directed the Proposed Society to deposit with the Board 30% of the approximate amount of compensation to be paid to the owner of the land within stipulated period of time. The petitioners submit that 30% amount, as required by the Board, was deposited by the Proposed Society and thereafter, the Board sent a proposal to the State Government seeking it's approval for acquisition of the subject property for the said purpose. The State Government, on its part, recorded satisfaction about the reasonableness of the proposal and it accorded approval to the proposal sent to it by the Board. Thereafter, the petitioners state, the Board forwarded the proposal to respondent no.3-Special Land Acquisition Officer (SLAO) for initiating acquisition proceeding in accordance with the provisions of sub-Sec. 3, 4 and 5 of Sec. 93 and Sec. 96, as required under Sec. 103B of the Act 1976.

4. The respondent no.3-SLAO, on receipt of the proposal from the Board, published the notice in terms of Sec. 93(3) of the Act 1