mst 1 WP.1229.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1229 OF 2010 Prabhudas N. Chawl Committee and another Petitioners versus MHADA and others Respondents Mr.Shailesh Shah with Kunal Cheema for petitioners. Mr.G.W.Mattos, AGP for respondent nos.1 and 2. Mr.A.Y.Bookwala, Sr.Adv. with P.S.Dani i/by M/s.Little & Co. for respondent nos.4 to 12. Ms.Reena Salunkhe for respondent no.13. CORAM : MOHIT S. SHAH, C.J. AND DR. D.Y. CHANDRACHUD, J. DATE : 11th October 2010 P. C. : 1. What is challenged in this petition under Article 226 of the Constitution of India is Letter of Intent ("LOI" for short) dated 10th December 2009 issued by Maharashtra Housing and Area Development Authority ("MHADA" for short) in favour of respondent no.14 who is a Developer engaged by respondent nos.4 to 12, who are the landlords of the property on which the tenements in question were constructed and the property was known as Prabhudas Narsidas Chawl bearing C.S.No.638, Mazgaon Division, having building nos.46-48, 50A and 56A, situate at Tank Bunder Road, Mazgaon, Mumbai-400 010. mst 2 WP.1229.10 2. The property came to be acquired by MHADA in the year 2003. Respondent nos.4 to 12 applied to the MHADA on 24th August 2006 for No Objection Certificate for joint redevelopment of the property with MHADA under Regulation 33(7) read with Regulation 33(9) of the Development Control Regulations. By order dated 2nd March 2007, MHADA allowed the respondent nos.4 to 12 to submit a proposal subject to final decision to be taken by Housing Department of Government of Maharashtra and after finalization of the guidelines of joint redevelopment policy by the Housing Department of Government of Maharashtra. On 17th April 2007, MHADA called upon the respondent nos.4 to 12 to submit consent terms of 70% of the tenants/occupants of the building in question. 51 occupants/tenants out of 70 tenants submitted their consent to the developer-respondent nos.4 to 12 which came to around 72.35% and, therefore, above the minimum requisite of 70%. The verification of site was done by MHADA on 13th August 2009. Thereafter, on 10th December 2009, MHADA issued provisional LOI in favour of respondent nos.4 to 12 and 13. This petition came to be filed on 28th April 2010. 3. The petitioner Prabhudas Narsidas Chawl Committee claiming to represent the tenants has filed present petition contending that the petitioners have no faith in respondent no.13 who is a developer appointed by respondent nos.4 to 12. It transpires from the LOI and the clarifications made at the hearing of this petition that on the plot of land admeasuring 836.16 square meters, the permissible built-up area would be 3344.64 sq.mtrs.. With the addition of incentive FSI, the total permissible mst 3 WP.1229.10 construction would be 3,344.64 sq.mtrs. out of which 2,326.33 sq.mtrs. will be for the built-up construction of 70 flats of 300 sq.ft. each. The developer will get built-up area of 950.33 sq.mtrs. and MHADA will get 232.63 sq.mtrs. built-up area. For all this construction, neither the tenants/occupants nor the MHADA will have to spend anything and the developer will redevelop the entire property. 4. Having regard to the fact that the project has already been approved by MHADA and even the plans prepared by the respondent no.13 have been submitted to the Municipal Corporation for Greater Mumbai and in absence of any cogent ground to interfere with the impugned decision which is taken in the year 2007 and subsequent issuance of LOI in the year 2009, we do not think it fit to interfere in our jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed. CHIEF JUSTICE DR. D.Y.CHANDRACHUD, J.