DATTATRAYA BABURAO WALAWALKAR AND ORS. Vs. SIDDHIVINAYAK CONSTRUCTION PRIVATE LIMITED AND ORS.
LAWS(SC)-2016-3-38
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 15,2016

Dattatraya Baburao Walawalkar And Ors. Appellant
VERSUS
Siddhivinayak Construction Private Limited And Ors. Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the parties.
(2.) These appeals are against a final judgment of the High Court of Judicature at Bombay dated 18th October, 2012 by which the Division Bench of the Bombay High Court dismissed the letters patent appeal being LPA No. 103 of 2012 in Writ Petition No. 11070 of 2011.
(3.) We are concerned here with Trust property admeasuring 3343.53 sq.meters in the Girgaun area of Mumbai. Under the Bombay Public Trust Act, 1950, the Charity Commissioner's sanction has first to be obtained before the trust property can be sold and for reasons given under the statute. The present Trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwalla Charity had resolved to sell the aforesaid property inasmuch as they found that it was largely tenanted and very meager rents were obtained. The protection afforded to the tenants under the Bombay Rent Act and the consequent rent that was being paid therefore, formed the necessity that was felt by the trustees to sell the aforesaid property. The said sale was mooted by the trustees under the Development Control Regulation 33(7) under which re-development of cessed buildings in the Island City of Bombay can be undertaken, provided they are constructed prior to 1940, at F.S.I. i.e. Floor Space Index at 3 being given as incentive to rehabilitate the existing tenants on the gross plot area. Appendix III, which has to be read with Regulation 33(7), specifically stipulates in paragraph 1(a), that the new building may be permitted to be constructed in pursuance of an irrevocable written consent by not less than 70% of the occupiers of the old building.;


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