2024:BHC-OS:8372 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4339 OF 2022 Ankush Vitthal Narvekar ...Petitioner Versus

1.Municipal Corporation for Greater Mumbai.

2. The Assistant Commissioner, G/North Ward, 3. Skyline Realty Private Limited ...Respondents

4. Lawoo Vithal Narvekar WITH WRIT PETITION NO.5196 OF 2022 Dilip Vitthal Narvekar ...Petitioner Versus

1.Municipal Corporation for Greater Mumbai.

2. The Assistant Commissioner, G/North Ward, 3. Skyline Realty Private Limited ...Respondents

4. Lawoo Vithal Narvekar MEGHA SHREEDHAR ...

PARAB Mr. Mayur Khandeparkar I/B. Mr. Mehul A. Rathod for the Digitally signed by MEGHA SHREEDHAR PARAB Petitioner in WP/5196/2022.

Date: 2024.05.10 11:31:21 +0530 Mrs. Pooja Kshirsagar Kane with Mr. Laxminarayan Shukla, Ms Pragya, Ms Dhanashree Pawaskar, Ms Darshana Vora and Mr. Ameya Khot i/b. Mr. Mehul A. Rathod for the Petitioner in WP/4339 /2022.

Mr. Sagar Patil for MCGM, Respondent Nos.1 & 2 in both the petitions.

Mr. Joaquim Reis, Senior Advocate with Mr. Bernardo Reis, Mr. Bharat Jain and Mr. Hrishikesh Tajane i/b. M/s. IC Legal for Respondent No.3.

Dr. Uday Warunjikar with Mr. Sumit Kate for Respondent No.4.

CORAM : SANDEEP V. MARNE, J.

Judgment Reserved on : 26 APRIL 2024.

Judgment pronounced on : 9 MAY 2024.

Judgment:

1. Rule. Rule made returnable forthwith and with the consent of the learned counsel appearing for parties, Petitions are taken up for hearing.

2. The Petitions arise out of grant of benefits of redevelopment of tenanted structures. Late Vitthal Narvekar was a tenant in respect of Room No. 13 located at C. B. Dhuruwadi, Final Plot No. 840, TPS-V of Mahim Division, Dadar, Mumbai. Apparently, the tenanted structure bearing Room No. 13 was earlier in three parts viz. main room, verandah and toilet block. Vitthal Narvekar has three sons: Lawoo, Dilip and Ankush. It appears that after Vitthal’s death, the three sons occupied the above three parts of the tenanted structure. While Lawoo continued residence in main room, it appears that Ankush converted the verandah into a room and started residing therein whereas Dilip converted toilet block into a residential room. The Municipal Corporation has recognised the structures of Ankush and Dilip as contravening structures in respect of neighboring Final Plot No. 751-752 under which Ankush and Dilip would receive permanent alternate accommodations, whereas Final Plot No. 840, on which Lawoo’s structure is located, is not taken up for redevelopment as of now. Grant of benefit of permanent alternate accommodations to brothers Ankush and Dilip has caused heartburn for Lawoo, who has orchestrated cancellation/withholding of NOCs issued by MCGM by orders dated 14 May 2021, which are subject matter of challenge in the Petitions.

3. By these Petitions, Petitioners challenge the Orders dated 14 May 2021, by which the Respondent-Municipal Corporation has kept on hold No Objection Certificate of Petitioner in Writ Petition No.4339 of 2022 and has cancelled the No Objection Certificate of Petitioner in Writ Petition No.5196 of 2022.

4. Brief factual narration as prologue to the judgment would be necessary. This is a typical fight amongst three brothers in respect of their competing claims to rights resulting out of redevelopment of structures in their occupation. There is one tenanted structure identified as Room No.13 in which Late Vitthal Narvekar was a tenant. After father’s death, Lawoo Vitthal Narvekar claims tenancy therein. Said Room No.13 is divided into three parts viz. main room, its verandah and a toilet block. According to Lawoo, all three sub parts are part of singular and composite structure numbered as Room No.13 and Lawoo claims exclusive tenancy rights in respect of the entire composite structure of Room No.13. Contrary to the Lawoo’s claim, his two brothers, Dilip and Ankush claim that three sub parts are independent structures. The middle portion, referred to as verandah by Lawoo, is in fac