2011 (10) TMI 774

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..... Y.R. Naik, Mr. E.P. Bharucha, Senior Advocate with Mr. Atul Damle, Ms. Swati Sagvekar and Mr. Sachin Mandlik i/b Legasis Partners for the Respondent ORDER 1. A challenge to the legality and validity of the permissions granted by the Maharashtra Housing and Area Development Authority to the joint development project which forms the subject matter of this proceeding was raised before the Court....

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....s to have the consents of 571 occupants. Documents have been registered with 472 of the occupants. The structures of 412 occupants have already been demolished and they have either shifted to transit accommodation or are in receipt of payment in lieu thereof. The construction work is already in progress. In this view of the matter, it would be manifestly against the interest of the occupants whose....

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....shed; (iii) An amount approximately of Rs.113.23 Crores has been expended towards the project; and (iv)The work of construction has substantially progressed. 3. While the earlier developer has agreed to provide tenements admeasuring 375 sq. ft (plus 10% balcony) the present developer has agreed to provide free of costs on ownership basis area admeasuring 650 sq.ft. (plus additional area of 11....

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.... the present case, there is always a shifting body of occupants, consisting of persons who are willing to shift loyalties to rival builders against a promise of better incentives. Consents once given cannot be allowed to be revoked at the whim and fancy of individual occupants. If that was to be allowed, no scheme for redevelopment could be successfully implemented. Though none of the Petitioners ....