- (1.) Having failed to convince the trial Court and the High Court to entertain their prayer for restraining respondent no. 1 Municipal Corporation of Mumbai (for short, the Corporation ) from demolishing the buildings constructed on Plot No. 9, Scheme 58, Worli, Mumbai, the petitioners have filed these petitions under Article 136 of the Constitution.
(2.) The petitioners are the Cooperative House Building Societies (for short, the societies ) and their members, who are said to have purchased flats in the buildings constructed by the developers on the plot in question. Their grievance is that even though the flats were purchased under a bona fide belief that the buildings have been constructed in accordance with law, the trial Court and the High Court did not injunct the Corporation from demolishing the same on the ground that the latter had taken action in furtherance of the orders passed in Writ Petition Nos. 2040/1999, 2402/1999, 2403/1999, 2904/1999, 2949/1999 and 1808/2000.
(3.) The Corporation leased out the plot in question, of which the total area is 17907.60 sq. meters to M/s. Pure Drinks Pvt. Ltd. on 17.1.1962 for general industrial use. After 18 years and about 11 months, the State Government issued order dated 1.12.1980 under Section 37(2) of the Maharashtra Regional and Town Planning Act, 1966 and sanctioned the change of use in respect of 13049.45 sq. meters land from industrial to residential. Between 1980 and 1982, M/s. Pure Drinks transferred that portion of land to the developers for construction of residential buildings. The building plans submitted by the developers for construction of 6 buildings comprising of basement, ground and 5 upper floors were sanctioned by the competent authority on 8.6.1981. The amended building plans submitted by the developers for construction of 9 buildings with ground and 5 upper floors were also sanctioned by the competent authority.;