LAWS(BOM)-2004-11-23

NARIELWADI ZOPADPATTI WELFERE SOCIETY Vs. MUNICIPAL CORPO OF GREATER BOMBAY JOINT MUNICIPAL COMMISSIONER

Decided On November 04, 2004
NARIELWADI ZOPADPATTI WELFARE SOCIETY, BOMBAY Appellant
V/S
ABDUL RAHIM KHAN, CHIEF PROMOTER OF ASIANA COOPERATIVE HOUSING SOCIETY, BOMBAY Respondents

JUDGEMENT

(1.) HEARD.

(2.) THERE is interse dispute between the appellants and the respondent no. 5 for redevelopment of the Zopadpatti area of Narielwadi at Reay Road in the city of Mumbai. The respondent no. 5 has been granted permission to redevelop the said area under the relevant Development rules as they were found to have consent of at least 70% hutment dwellers (censosed as well as vacant land tenure holders ). During the course of hearing the learned counsel appearing for the appellants and the respondent no. 5 agreed that the aspect as to which of the party has consent of at least 70% of the hutment dwellers (censused as well as vacant land tenure holders) may be referred for verification to the Slum Rehabilitation authority and whosoever is found to have consent of 70% or more of the eligible hutment dwellers must be given permission to redevelop the property.

(3.) IN the light of the aforesaid submission made by the learned counsel for the appellants and the respondent no. 5 we are satisfied that the appeal may be disposed of by the fallowing order: