The private respondents herein filed writ petitions on the file of the High Court of Judicature at Bombay challenging the demolition of the superstructures put up by them on a plot of land bearing CTS Nos.4009/1 to 4009/7 at Village Dahisar, Taluka Borivali, MSD Mumbai 400068.
The case of the respondents 1 to 3 in Special Leave Petition C No.18376 of 2018 who were the petitioners in Writ Petition No.3090 of 2017 was a little different from the case of the petitioners in the other 11 writ petitions.
The case of the petitioners in Writ Petition No.3090 of 2017 Respondents 1 to 3 in Special Leave Petition C No.18376 of 2018 , was that the aforesaid land originally belonged to one Mr. Dattatray Mahadev Angare as per the City Survey Record that upon the death of the original owner, his wife Sushila was recorded as the owner in the revenue records in the year 1983 that upon Sushilas death on 15.03.1995, the names of her legal heirs, including the name of her son Mr. Suresh Angare were entered in the revenue record that the said Suresh Angare died on 31.01.2008 leaving behind him surviving, his widow and two sons, who were the petitioners in Writ Petition No.3090 of 2017 that those legal heirs thus became the owners of the aforesaid plot and the superstructures standing thereon that the family of Dattatray Mahadev Angare had put up 11 structures, in the year 1955, on the said plot of land and the same was named as Jeevan Ganga Chawl that those structures were let out to tenants that in the year 1961, the superstructures were also assessed by the Municipal Corporation that the owners were regular in paying tax to the Municipal Corporation, from the year 1961 that in view of the said assessment, the Chawl became a protected structure within the datum line of year 1962 that therefore the Chawl cannot be demolished or removed without providing permanent alternative accommodation to the tenants that vide a numberice dated 13.02.1979 issued under Section 351 of the Bombay Municipal Corporation Act, the Corporation Authorities claimed that 3 of those structures were illegally companystructed and were liable to be demolished that challenging the said numberice, Sushila Dattatray Angare filed a civil suit and obtained an injunction against demolition that again the Municipal Corporation issued numberice dated 23.06.2008 to four tenants on the ground that Bharucha Road was to be widened and that those four tenants will be allotted alternate accommodation at Anand Nagar Municipal Market that those four tenants expressed unwillingness to accept the alternative accommodation at that point of time that thereafter Municipal Corporation again issued a numberice dated 02.07.2016 to those four tenants offering a fresh allotment in the Municipal Retail Market that subsequently the Corporation issued proceedings dated 11.04.2017 cancelling those allotments on the ground that those four allottees did number take possession that again on 11.10.2017, the Corporation issued a fresh numberice to those four tenants to vacate the premises within seven days that on 26.10.2017, the officials of the Municipal Corporation suddenly landed up in the premises along with a police force from Dahisar Police Station and started demolishing the superstructures in which the tenants were carrying on business that thereafter the officials of the Corporation forcibly removed all the eleven tenants from the premises and demolished their structures that the officials of the Corporation did number even permit the tenants to remove their valuables including cash, furniture and fixtures from the premises and that therefore after issuing a legal numberice, the writ petitioners were companyceded to approach the High Court.
Ramasubramanian, J. Challenging a companymon order passed by the High Court of Judicature at Bombay in a batch of twelve writ petitions, granting the relief of allotment of alternative site to the petitioners in eleven writ petitions tenants and granting the relief of companysideration of a request for grant of TDR Transferable Development Rights DRC Development Right Certificate to the petitioners in one writ petition owners of the land , the Municipal Corporation of Bombay has companye up with the present special leave petitions.
