gopi 1 cs-223-11 in w.p.1152-02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.223 OF 2011 IN WRIT PETITION NO.1152 OF 2002 City Space & Ors. .. Petitioners V/s. State of Maharashtra & Ors. .. Respondents. And Om Samarth Co-operative Housing Society Ltd. & Anr. .. Applicants Vs. Thane Municipal Corporation .. Respondent in Chamber Summons. Mr. A.P. Fanibanda along with B.V. Phadnis for the applicant in Chamber Summons. Mr. Z.A. Ja;riwala i/b. Thakore Jariwala & Associates for petitioner. Mr. M.V. Limaye, for Thane Municipal Corporation. Mrs. M. Kajale, AGP for State. Mr. K.K. Singhvi with Mr. J.J. Xavier for B.M.C. CORAM: MOHIT S. SHAH, C.J., AND MRS.ROSHAN DALVI, J. DATED : 27 September 2011. P.C. In this Chamber Summons, the applicants have prayed for a direction to the Thane Municipal Corporation to grant necessary permission for implementation of slum redevelopment scheme on the property bearing Final Plot No.293, TPS No.1 of Thane Panchpakhadi under Regulation 165 Appendix “S” of the Development Control gopi 2 cs-223-11 in w.p.1152-02 Regulation of the Thane Municipal Corporation. The applicants have also prayed for a clarification that the order dated 31 July 2002 of this Court in Writ Petition No.1152 of 2002 is not applicable to the subject land. 2. There is no dispute about the fact that Writ Petition No.1152 of 2002 is confined to the territorial limits of the Municipal Corporation of Greater Mumbai and that the property, which is the subject matter of the present Chamber Summons, is in Thane District. 3. Undisputed facts are that the land in question admeasuring 2724.18 sq. meters in Thane was encroached upon by several occupants prior to 1970 and it became a slum. The Thane Municipal Corporation by resolution No.225 dated 31 March 2005 resolved to implement the slum redevelopment scheme on the said property. The land in question was shown in the development plan as reserved for open space. 4. The relevant portion of Regulation 165 Appendix-S of the Development Regulations of Thane Municipal Corporation reads as under:- “CATEGORY -II This category shall consist of lands occupied by slums which are allocated, designated/reserved for non-buildable reservations such as recreation ground, playground, garden park and any other open user in the Development Plan. They may be developed subject to the following guidelines: i) Any plot admeasuring upto 2000 sq.m. Independently located or any plot upto 2000 gopi 3 cs-223-11 in w.p.1152-02 sq.m. located in a cluster along with other designations or reservations of a building nature, may be allowed to be developed for slum redevelopment in accordance with Appendix-S subject to the condition that the land so used shall not be more than 75 percent of the reservation, and leaving the remaining 25 percent rendered clear thereafter for the designation or reservation as sanctioned in the Development Plan. ii) Where the area of such lands, either independently located or in a cluster with designated/reserved sites, is more than 2000 sq. m. upto 66.66 percent of such lands may be allowed to be developed according to the aforesaid Regulation in Appendix S, but the remaining 33.33 percent, duly cleared of the Slums, shall be retained for the designation or reservaltion as indicated in the Development Plan.” 5. The learned Counsel for the applicants and the learned Counsel for the Thane Municipal Corporation state that in conformity with the above Regulation the applicants are required to surrender free of cost to the Thane Municipal Corporation land admeasuring 907.97 sq. meters i.e. 33% and are allowed to construct rehabilitation building and the free sale building on the balance portion of the said land i.e. on land admeasuring 1861.30 sq. meters Letter of Intent was issued by the gopi 4 cs-223-11 in w.p.1152-02 Thane Municipal Corporation on 7 May 2005. The applicants claim to have deposited the requisite amount as per the said Letter of Intent and the applicants state that the applicants will comply with all the terms and conditions of the said Letter of Intent, including requirement to provide rehabilitation tenements which are to be allotted to the slum dwellers free of cost. It is submitted that if this project is allowed to be implemented 127 slum dwellers will get rehabilitation tenements free of cost and if the project is not allowed to be implemented, the entire area will continue to be a slum with no sanitary and hygienic amenities. 6. Having regard to the fact that the land in question was occupied by slum dwellers for the last more than 40 years and that the Letter of Intent was issued by the Thane Municipal Corporation in favour of the applicants on 7 May 2005 and also having regard to the fact that the land in question is outside the limits of Municipal Corporation of Greater Mumbai, we direct the Thane Municipal Corporation to consider the applicants application in accordance with law without being influenced by the order dated 31 July 2002 in Writ Petition No.1152 of 2002. Chamber Summons is accordingly allowed. (CHIEF JUSTICE) (ROSHAN DALVI, J.)