Decided on June 05,2018

Mig (Bandra) Realtors And Builders Pvt Ltd Appellant
Municipal Corporation Of Gr Mumbai And Anr Respondents


Riyaz I. Chagla, J. - (1.) The Petitioner by the present Petition is seeking the quashing and setting aside of Condition No.10 in I.O.D. issued by the Respondent - Corporation. The condition No.10 reads thus: "That the Registered Agreement with the existing tenant along with the list will not be submitted before C.C."
(2.) The Petitioner has also sought directions against Respondent - Corporation for issuance of commencement certificate for commencement of redevelopment on the land without insisting on performance of Condition No.10 of the IOD. Notice has been issued for final hearing and disposal of the Petition at the admission stage.
(3.) The Petitioner is a developer of immovable property in Mumbai. The Petitioner has acquired redevelopment rights in respect of land admeasuring approximately 20149.40 sq. mtrs. bearing survey No. 341 (part) having corresponding CTS Nos. 649 (Part) 649/1 (part) to 48 (part) of village Bandra, Gandhi Nagar in the registration Sub-District of Bandra, Mumbai Suburban District at Bandra (East), Mumbai - 400 051 (for short "the said land") from the Middle Income Group CHS Ltd. - Group I (for short "the said Society"). The Petitioner is carrying out redevelopment of the said land under Regulation 33 (5) of the Development Control Regulations for Greater Mumbai, 1991 (for short, "DCR"). The said land is owned by Respondent No.2. The Respondent No.2 constructed 19 buildings on the said land, consisting of total 176 flats and sold existing flats constructed thereon under the "Middle Income Group Housing Scheme" and allotted the flats in the said existing buildings to allotees on hire purchase basis. The allotees thereafter became members of the said society. Respondent No.2 leased the said land to the said society by way of Residential Land Lease Deed. Respondent No.2 by Deed of Sale executed with the said Society simultaneously with the Residential Land Lease Deed conveyed, granted and assured to the said society, the said existing buildings to have and hold the said buildings as the owner for residential use. The Deed of Sale was registered with the office of Sub-Registrar of Assurance at Bombay at Bandra. The said society was also granted Deed of Supplementary Lease executed between Respondent No.2 and the said society registered with the Sub-Registrar of Assurances, Bombay at Bandra ("Additional Plot Lease Deed") whereby the society was granted an additional plot of land designated as 'Recreation Ground' bearing Survey No. 341 (part) corresponding tot CS No. 649, 649/1 to 649/48 admesuring 4,242.08 Sq. mtrs. situated at Gandhi Nagar, Bandra (East), Mumbai - 400 051 in Municipal 'H' Ward East.;

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