1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 828 OF 2009 1. Shri Sadanand Bapusheth Mandalik ) of Mumbai ,Indian inhabitant, residing ) at 6/4, 6/14, 6/15, Upendra Nagar, ) Senapati Bapat Marg, Dadar West, ) Mumbai -400 028 and the licensees in ) respect of gala No. 53 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 2. Smt. Mangala Jaisingrao Katkar of ) Mumbai, Indian nhabitant, residing at ) 18 Siddhivinayak, Keluskar Road North, ) Shivaji Park,Dadar,Mumbai 400 028 ) and the licensee in respect of gala No.4 ) in S.V.S. Market, Dadar, Mumbai 400 028. ) 3. Smt. Saroj Dinesh Singh, Indian ) inhabitant, residing at Room No.B-202, ) Avishkar Apartment, Punam Vihar, ) Mira Road (E), District-Thane & ) licensee in respect of gala No.190 in S.V.S. ) market, Dadar, Mumbai 400 028. ) 4. Shri M.Aacharekar, son of ) Lilavati Acharekar who was the ) licensee in respect of gala no.2 in ) S.V.S. Market, Dadar, Mumbai 400 028. ) 5. Smt. Shakuntalabai G. Katkar, ) licensee in respect of gala No.5 in ) S.V.S. Market, Dadar, Mumbai 400 028. ) 2 6. Shri Balkrishna K. Chavare, licensee in ) respect of gala No.9 in S.V.S. Market ) Dadar, Mumbai 400 028. ) 7. Smt. Kismantunnisa A. Ali, licensee in ) respect of gala No.20 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 8. Shri Premchand M.Gupta, licensee in ) respect of gala No.39 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 9. Smt. Laxmibai K. Zodge,licensee in ) respect of gala No.48 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 10. Smt. Prafullata R. Varhadi, licensee in ) respect of gala No.48 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 11. Shri Vilas A. Thorat, licensee in ) respect of gala No.61 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 12. Smt. Laxminarayan R. Rai, licensee in ) respect of gala No.75 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 13. Shri Yashwant A. Raul, licensee in ) respect of gala No. 84 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 14. Shri Badruddin R. Ali, licensee in ) respect of gala No.88 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 15. Shri Ashrafilal J. Barai, licensee in ) respect of gala No.94 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 3 16. Shri Surendra B. Mandlik,licensee in ) respect of gala No.99 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 17. Smt. Sharada R. Parab, licensee in ) respect of gala No.100 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 18. Smt. Pratibha S. Chavan, licensee in ) respect of gala No. 109 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 19. Shri Nasir S. Maulavi, licensee in ) respect of gala No.111 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 20. Shri Gajanan V. Kambale, licensee in ) respect of gala No. 118 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 21. Smt. Sundraben K.Gala, licensee in ) respect of gala No. 130 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 22. Shri Shakil E. Khan, licensee in ) respect of gala No. 31 in S.V.S. Market, ) Dadar, Mumbai400 028. ) 23. Shri Ganapat J. Pati. Licensee in ) respect of gala No. 132 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 24. Shri Sitaram V. Chavan, licensee in ) respect of gala N. 139 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 25. Shri Pravin D. Jasani, licensee in ) respect of gala No.147 in S.V.S. Market, ) Dadar, Mumbai 400 028. ) 4 26. Krushna N.Mhaskar, licensee in ) respect of gala No.148 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 27. Shri Narendra B.Jasani, licensee in ) respect of gala No.181 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 28. Shri Sanket N.Jasani, licensee in ) respect of gala No.162 S.V.S.Market, ) Dadar, Mumbai 400 028. ) 29 Shri Gajanan P.Pilankar, licensee in ) respect of gala No.67 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 30. Shri Gajanan V. Malap, licensee in ) respect of gala No.169 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 31. Shri Hasankhan E. Khan,licensee in ) respect of gala No.170 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 32. Shri Vakkat kunji K.Sukumaran,licensee in ) respect of gala No.175 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 33. Shri Suresh T.Narvekar, licensee in ) respect of gala No.182 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 34. Shri Ganapat G.Vengurlekar, licensee in ) respect of gala No.183 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 5 35. Kum.Prashant,under guardianship of ) Smt. Pushpa Redkar, liensee in respect of ) gala No.184 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 36 Shri Vijay R.Kakade, licensee in ) respect of gala No.192 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 37. Smt.Chandravatibai G.Singh,licensee in ) respect of gala No.194 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 38. Shri Rajenra V.Velangi, licensee in ) respect of gala No.196 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 39. Shri Mubin N.Mohammed, licensee in ) respect of Space 2 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 40 Shri Moin N. Mohammed,.licensee in ) respect of Space 2. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 41 Shri Hamidkhan E. Khanlicensee in ) respect of Space 7in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 42 Shri Sanjay N. Narvekar,licensee in ) respect of Space 4 . in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 43 Smt. Jenevi C. Pereira, licensee in ) respect of Space 7 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 44. Shri Ambaji G. Kadam, licensee in ) 6 respect of Space 8. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 45 Smt. Esmaralda F.Gudinho,licensee in ) respect of Space 12. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 46. Shri Chandrakant K.Shelar,licensee in ) respect of gala No.7 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 47. Shri Umesh K.Korpe, licensee in ) respect of gala No.10 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 48. Shri AbdulHakim M.Hussain, licensee in ) respect of gala No. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 49. Shri Sujitkumar R. Vaishya,licensee in ) respect of gala No22 . in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 50. Shri Subhashchandra D. Vaishya,licensee in) respect of gala No 23 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 51. Smt. Chandravati K. Gupta,licensee in ) respect of gala No.26 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 52. Smt. Nirmala G. Jaiswal,licensee in ) respect of gala No.28 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 53. Shri Vithal A. Shelar, licensee in ) respect of gala No.33 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 54 Shri Suresh K. Korpe, licensee in ) respect of gala No.37 in S.V.S.Market, ) 7 Dadar, Mumbai 400 028. ) 55. Smt. Feknadevi V.Kandu,licensee in ) respect of gala No.38 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 56. Smt. Kailasidevi R.kewat,licensee in ) respect of gala No.45 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) .57. Smt.Kamrunisa G. Mohammed,licensee in ) respect of gala No.51 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 58. Shri Gulam Mohammed M.Yakub licensee in) respect of gala No.52 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 59. Shri Manikchand B. Vaishya, licensee in ) respect of gala No.58 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 60. Shri Rajendra K.Markandi,licensee in ) respect of gala No.63 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 61. Smt. Shamabai S.pandit, licensee in ) respect of gala No.67 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 62. Shri Prithviraj R. Chavan,licensee in ) respect of gala No.68 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 63. Shri Anil V. Mayekar, licensee in ) respect of gala No.69 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 64. Shri jagannath R.Vaishya,licensee in ) respect of gala No.72 in S.V.S.Market, ) 8 Dadar, Mumbai 400 028. ) 65. Shr Brahmadeo V.Mallah,licensee in ) respect of gala No.76 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 66. Shri Santosh J.Gujpta, licensee in ) respect of gala No.85 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 67. Shri Ulhas N.Gavade,licensee in ) respect of gala No.89 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 68. Smt. Kamal B. Varkhade,licensee in ) respect of gala No.90 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 69. Shri Chauvalai M. Teli licensee in ) respect of gala No.97 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 70. Shri Ganesh B. Bhaskar, licensee in ) respect of gala No.103in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 71. Shri Pratap S. Shinde, licensee in ) respect of gala No.126 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 72. Shri Ramsharan R. Yadav,licensee in ) respect of gala No.127 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 73. Smt. Sneha S. Jadhav, licensee in ) respect of gala No.128 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 74. Smt. Kusum L. Gupta, licensee in ) respect of gala No.136 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 9 75. Smt. Chandrabhaga G. Varkhade,licensee in) respect of gala No.137 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 76. Smt. Laxmi V. Phondke, licensee in ) respect of gala No.138 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 77 Smt. Prabhawati V.Ambegaonkar,licensee in) respect of gala No.140 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 78. Shri Shailendra S. Gupta,licensee in ) respect of gala No.141 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 79. Shri Anant V., Nade, licensee in ) respect of gala No.157 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 80. Shri Nagaji G.Rathor, licensee in ) respect of gala No.158 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 81. Shri Mohammed Rafiq Gani Jan,licensee in ) respect of gala No.163 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 82 Smt. Shamsunnisa Gan Jan,licensee in ) respect of gala No.163A in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 83. Shri Laxman D. parab, licensee in ) respect of gala No.168 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 84. Shri raju V.K.K.Karpe, licensee in ) respect of gala No.176 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 10 85. Shri Satyendrakumar A.Madhuban Singh ) licensee in ) respect of gala No.177 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 86. Shri Anil M.Godse,licensee in ) respect of gala No.178 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 87. Shri Dharmraj Sigh Ramnaresh,licensee in ) respect of gala No.179 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 88. Shri Ramakant R.Thakur,licensee in ) respect of gala No.180 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 89. Shri Bharat G. Varkhade,licensee in ) respect of gala No.185 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 90. Shri Ganesh S. Kore, licensee in ) respect of gala No.186in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 91. Shri Jaykaran R.Singh, licensee in ) respect of gala No.187 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 92.Smt. Urmila Anant Ambolkar, wife of ) 1. Anant Ambolkar, who was the licensee ) respect of gala No.188 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 93. Shri Harshad Kumar R.Shah, licensee in ) respect of gala No.189 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 94. Shri Harshad Kumar R.Shah, licensee in ) respect of gala No.195 in S.V.S.Market, ) 11 Dadar, Mumbai 400 028. ) 95. Shri Ashokkumar M.Singh,licensee in ) respect of gala No.191 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 96. Shri Vinayak N.Phndke, licensee in ) respect of gala No.193 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 97. Shri Harishchandra R.Ambolkar,licensee in ) respect of gala No.197 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 98. Shri Aziz Shamsuddin, licensee in ) respect of gala No.198 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 99. Shri Ashok S.parkar, licensee in ) respect of gala No.200 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 100. Shri Ashokkumar Msingh, son of ) Madhuban Singh who was the licensee in ) respect of gala No.201 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 101. Smt. Hazirabi Kusumkhan,licensee in ) respect of Space 4. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 102. Shri Sashrath H.Chorge, licensee in ) respect of Space 5 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 103. Shri Junaid Khan Hamid Khan licensee in ) respect of Space 6. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 104 Shri Maruti S. Godse, licensee in ) respect of Space 8 in S.V.S.Market, ) 12 Dadar, Mumbai 400 028. ) 105. Shri Hiralal S.Sharma, licensee in ) respect of Space 12. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 106 Smt. Rekha R.Chorge, licensee in ) respect of fower space 1in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 107. Shri Michael D’Cunha, licensee in ) respect of Flower Space 2in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 108 Shri Michael D’Cunha, licensee in ) respect of Flower space 3 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 109 Smt. Bhagirathibai S.Phondke, licensee in ) respect of Space 6. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 110 Smt. Renuka R. Patil, licensee in ) respect of Space 10 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 111 Shri Amarnath R.Thakur,licensee in ) respect of Flower Space 10 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 112. Shri Hemchandra R.Thakur, licensee in ) respect of Flwr Space 14 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 113. Shri Vasant R. Thakur, licensee in ) respect of Space 15. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 114. Shri Shankar B.Mali, licensee in ) respect of flower space 17 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 13 115 Smt. Sindhu S.Gaonkar, licensee in ) respect of flower space 18 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 116. Smt Jayshree S.Mali, licensee in ) respect of flower 20 in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 117 Shri Gajanan R. Patil, licensee in ) respect of flower space 21 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 118. Shri Ramesh R. Patil,licensee in ) respect of Flr. Space 23. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 119 Shri Abdul Rajjak A.Gafur,licensee in ) respect of gala No. in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 120. Shri AbdulRajjak A.Gafur,licensee in ) respect of Mutton space 6 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 121 Shri Mohammed Asif Q. licensee in ) respect of mutton space 4 in S.V.S.Market,) Dadar, Mumbai 400 028. ) 122 Shri AbdulGafar Dadamiya,licensee in ) respect of mutton space 5. in S.V.S.Market,) Dadar, Mumbai 400 028. ) 123 Smt. Mainunbi, A.Rehman,licensee in ) respect of mutton space 7in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 124. Smt. Rahsida M.Hanif, licensee in ) respect of mutton space 8,in S.V.S.Market, ) Dadar, Mumbai 400 028. ) 14 125. Shri Mohammed Ibrahim Latif,licensee in ) respect of mutton space 9,in S.V.S.Market,) Dadar, Mumbai 400 028. ) 126. Shri Abdul Jabbar Latif, licensee in ) respect of mutton space 11,in S.V.S.Market,) Dadar, Mumbai 400 028. ) 127. Shri Mohammed Hanif Saidullah,licensee in ) respect of mutton Space 12,in S.V.S.Market,) Dadar, Mumbai 400 028. )... Petitioners. Vs. 1. Municipal Corporation of Greater ) Mumbai, Market Department, Crawford ) Market, Mumbai. ) 2. Swatantravir Savarkar Mandai Utkarsha ) Mandal having its office at C/o. Shop No. ) 172/174, Dr.D’Silva Road, Dadar West, ) Mumbai 400 028. ) 3. Purabi Developers Pvt.Ltd., a Company ) incorporated under the Companies Act, ) 1956 having their office at A-402, Lotus ) Co-operative Housing Society, ) Hiranandani Gardens, Powai, ) Mumbai 400076. ).. Respondents Ms. Rajani Iyer, Senior Counsel, with Mr.D.A.Athavale, Advocate, for the petitioners. Mr.K.K.Sintgvi, Senior Counsel, with Ms.S.A.Module, Advocate, for respondent NO.1. Mr. A.A.Kumbhakoni, Advocate, i/b. Mr. V.B.Mishra, Advocate, for respondents Nos. 2 & 3. 15 CORAM: F.I.REBELLO & J.H.BHATIA, JJ. DATE : 1st February, 2010. JUDGMENT (PER J.H.BHATIA,J.) 1. Dadar Municipal Market known as “Swatantryavir Savarkar Market” is occupied by 252 licensees, who run their business in the galas allotted to them. As the market was in a dilapidated condition, the Municipal Corporation proposed to redevelop the same. As per the policy and the guidelines adopted by the Municipal Corporation, the redevelopment was to be taken up with the consent of 70% of the licensees in the Market. The respondent No.2 – Swatantryavir Savarkar Mandai Utkarsha Mandal is a registered Association of the licensees/shop-keepers in that Market. In view of the proposed redevelopment, the respondent No.2 called a meeting of all the licensees on 1.9.2005 and informed them about the proposal and told that redevelopment proposal was to be submitted by 25.10.2005. On 11.9.2005, again a similar meeting was called. The consent letters of some licensees were taken. The Managing Committee of the respondent No.2 decided to get the redevelopment done through the respondent No.3 – Purabi Developers Pvt.Ltd. and accordingly, the proposal was submitted to the Municipal Corporation for redevelopment of the Market. Some of the shop- 16 keepers filed Writ Petition No.1715 of 2006 challenging the decision of the Managing Committee of the respondent No.2 to get the redevelopment of the Market through respondent No.3. That petition was disposed of by order dated 8.3.2007 with certain directions. The petitioners were allowed to make their representation and thereafter the Municipal Commissioner was to endorse the representation to the Additional Municipal Commissioner to look after their representation and to verify the claim and counter-claim of both the parties and to take a decision which would be final. Accordingly, the representation was made by the petitioners and the Additional Municipal Commissioner made enquiry and rejected the challenge and representation of the petitioners by the impugned order. 2. Heard the learned counsel for the parties. Perused the order dated 31.7.2007 passed by the Additional Municipal Commissioner. 3. The main contention of the petitioners was that most of the licensees were illiterate and their signatures were obtained on the second page of the consent letter by the President and Secretary of the respondent No.2. The first page was not shown to the members nor it was explained to them for what purpose the signature was taken. In any case, they had not given their consent for redevelopment through respondent No.3 – Builder. It was contended that the 17 consent letters were not notarized as required by the rules and the guidelines issued by the Municipal Corporation. 105 members had withdrawn their consent letters and therefore the balance would not make 70% of the licensees and, therefore, the proposal made by the respondent No.2 for redevelopment through respondent No.3 was not valid The reasoned order of the Additional Municipal Commissioner shows that respondent No.2 had withthe proposal submitted consent letters of 184 licensees out of total 252 licensees. The petitioners submitted 102 withdrawal letters. He formulated four questions and called each of the licensees to find out what was the truth. The signatures of 184 licensees on the consent letters were confirmed. None of them made any complaint about the signatures on the consent letters. It was contended by the petitioners that from 16.2.2006 to 8.4.2006, 97 persons had given withdraw letters and those withdrawal letters were against respondent no.3 and in favour of Punarvikas Samiti. Additional Commissioner noted that as per the arguments advanced by the petitioners, 105 persons had withdrawn the consent letters, but the actual figure was 97. To find out whether the licensees were aware that the signatures were obtained on the consent letters all the 97 persons, who had allegedly withdrawn the consent, only 72 licensees turned up for physical verification. Out of them, 69 persons confirmed that they had signed the consent letters. Out of 72 persons, 57 persons claimed that they were not aware that their signatures were 18 being obtained on the consent letters, while 16 persons admitted that they had put the signatures on the consent letters. As per the order, out of 252 licensees, 184 licensees had given their consent letters to the respondent No.2. Some of them had given withdrawal letters after the last date of submission of proposal, but as per the guidelines issued by the Municipal Corporation, the consent letters given once could not be withdrawn and, therefore, 184 consent letters were taken into consideration and that number was more than 70% of the total number of the licensees and, therefore, the decision of the respondent No.2 to appoint respondent No.3 was as per the consent letters of more than 70% licensees was correct. He also noted that the proposal was submitted on 3.2.2006 with 184 consent letters. At that time, there was guideline or instruction that the consent letters should be notarized. Such guidelines were issued as per policy decision dated 13.4.2006. Therefore, the consent letters submitted earlier could not be rejected on the ground that they were notarized. 4. It is material to note that the licensees/shop-keepers were running the business and they were aware that the redevelopment of the dilapidated market was to be undertaken. Their vital interest in the shops in the market was involved. It is impossible to believe that the businessmen would put signatures on any paper without knowing the contents of the documents on which they were signed. Out 19 of 184 persons who had signed the consent letters, only 57 persons came forward to say that they were not aware that they were putting the signatures on the consent letters. It shows that 127 persons admitted that they were aware that they were putting signatures on the consent letters for redevelopment of the Market. The impugned order also reveals that in the Special General Body Meeting held on 11.12.2005, a resolution was passed authorising the Managing Committee to finalise the builder through whom the market was to be developed and on the basis of that authorisation, the Managing Committee having considered several proposals, finalised respondent No.3 – Purabi Developers Pvt.Ltd. for redevelopment of the Market and accordingly the proposal was submitted to the Municipal Corporation. As per the guidelines issued by the Municipal Corporation, the consent once given could not be withdrawn till the proposal for redevelopment is disposed of either by acceptance or rejection. In view of this, as the proposal was already submitted with consent letters by 184 licensees, the consent letters could not have been withdrawn. It appears that some of the petitioners backed by some other developer, after February 2006, raised objections to the redevelopment of the Market through respondent No.3. Taking into consideration the material on record, the facts revealed in the detailed order passed by the Additional Municipal Commissioner we are convinced that the respondent No.2 had in fact obtained consent of more than 70% of the licensees 20 before submitting the proposal to the Municipal Corporation. Once in the General Body Meeting, the Managing Committee was authorised to select the builder and finalise the proposal, there was nothing wrong on the part of the Managing Committee of the respondent no.2 to consider the several proposals and to finalise and select respondent No.3 as a developer. Taking into consideration the facts and the conduct of some of the petitioners, who were prompted by some other builder in filing the writ petition, we find no material, merit or justification to interfere in the impugned order passed by Additional Commissioner or in the decision of the respondent No.1 to allow the respondent No.3 to redevelop the Market. 5. For the aforesaid reasons, the Writ Petition stands dismissed. (J.H.BHATIA,J.) (F.I.REBELLO,J.)