srk １ wp-L-424-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.424 OF 2010 The Sardar Vallabbhai Nagar-1 Co-operative Housing Society Union Ltd. ... Petitioner Versus Maharashtra Housing & Area Development Authority (MHADA) and others. ... Respondents Mr.A.A. Kumbhakoni with Mr. E.A. Sasi for the petitioner. Mr. P.G. Lad, Assistant Government Pleader for State-respondent Nos.1 to 5. Mr. S.R. Singh for respondent No.8. Mr. V.D. Patil for respondent No.7. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J. Friday, September 24, 2010 P .C. The petitioner is a society registered under the Maharashtra Co- operative Societies Act 1960 and is a federation of 24 cooperative housing societies having buildings on a plot of land bearing CTS No. 11 (Pt) and 12(Pt) in Sion Koliwada. The members of 24 societies are occupying flats in 24 buildings under a scheme known as the Industrial Housing Scheme. The total area of the land on which the 24 buildings are situated admeasures 29932 sq.mts. approximately out of which 22009 is utilized for construction of 24 buildings. The land belongs to respondent No.1 Maharashtra Housing and Area Development Authority (MHADA). 2. The challenge in the present petition is to the action of respondent No. 8 in putting up construction on land admeasuring 1053 sq.mts. which, according to the petitioner, is reserved as a recreational ground. It is submitted that more than 1000 families are occupying flats in the 24 buildings mentioned above without any open space or play ground and, if respondent No.8 is permitted to put up a srk ２ wp-L-424-10 construction on the above land admeasuring 1053 sq.mts. which is adjoining the land where 24 buildings are situated, the residents will have no open area. 3. The petition is contested by MHADA, respondent Nos.1 to 3 and also by respondent No.8 who is the developer. 4. MHADA has stated that the land admeasuring 1053 sq.mts. is reserved for public housing for the last about 30 years or more. By a lease deed dated 12 September 1992, MHADA had given a part of the land on lease to Sion Sardar Vallabbhai Nagar Co-operative Housing Society for a period of 30 years. The land admeasuring 1053 sq. mts. has been occupied by slum dwellers. The slum dwellers formed a co-operative housing society. There are 448 structures in the said colony. As per the Government circular dated 3 June 1992 (Exhibit 3 to the reply) published in the Government Gazette, lands occupied by existing slums, designed or reserved for the purpose of public housing shall be treated as sites for slum redevelopment and redevelopment shall be allowed under sub-regulation (10) of Regulation 33 read with Appendix-IV of the Development Control Regulations instead of public housing. It is, therefore the case of MHADA that in accordance with the above policy, MHADA has permitted respondent No.8 to redevelop the land admeasuring 1053 sq.mts. 5. In view of the above, we do not see any infirmity in the impugned action of respondent-MHADA. The petition stands disposed of. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.