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Maharashtra

Bombay HC says 100% consent for redevelopment of unsafe buildings not must

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The Bombay High Court has declared that clause 1.15 of the 2018 Guidelines issued by the BMC for declaring private and municipal buildings as “C-1 category (dangerous or unsafe)” does not mandate obtaining consent/ agreement from all (100%) tenants/ occupants.

It further observed that consent of 51-70% of the occupants/ tenants of the building, as applicable to the proposals made under Development Control and Promotion Regulation (DCPR)-2034, shall amount to sufficient compliance for processing development/ redevelopment proposal, for a commencement certificate (CC) to be issued.

Raj & Jain Ahuja moved court after BMC refused to grant CC for redvpt of a building saying all occupants have not agreed to sign PAAA


A bench of Justices Girish Kulkarni and RN Laddha was hearing a petition by developers Raj Ahuja and Jain Ahuja, challenging clause 1.15. They had approached the court after the BMC refused to grant CC saying that they had not signed a permanent alternate accommodation agreement (PAAA) with all the tenants.

“In our clear opinion, it was arbitrary for the MCGM to insist from the petitioners (developers), consent of 100% of the tenants and in its absence withhold the CC…,” said the bench.

Developers contended that not always will 100% tenants will agree to redvpt


Challenging the constitutional validity of the clause, the developers contended that it may not be always conceivable that 100% tenants agree to redevelopment. Having such a pre-condition would create serious consequences, including the project being brought to a standstill by a minority/minuscule number of tenants or members of a co-operative society.

However, the BMC justified the guidelines, stating that it’s incumbent on the corporation to safeguard the interest of the tenants.

HC’s observation in the matter

The judges emphasised, “It is a settled position in law that the interest of the minority occupants/tenants cannot be opposed to the interest of the majority occupants, as also such persons cannot foist on the owners a delay in commencement of the redevelopment work, resulting in the project cost being increased, which would be seriously prejudicial to the owners/developers and above all the majority of the occupants.”

Maharashtra

New India Cooperative Bank embezzlement accused’s properties attached

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Mumbai: Mumbai Economic Branch (EOW) has also started property seizure proceedings in the case of embezzlement of crores of rupees from New India Cooperative Bank. EOW said that after identifying the properties obtained from the embezzled amount, it has been attached and seized. 5 accused have been arrested in this case and 21 immovable properties of these accused have been found, which have been allowed to be confiscated.

This is the first action under 107 BNSS in Mumbai city in which the property of the accused has been seized. Mumbai AOW said that the amount recovered from the seized properties will also be estimated. After the bank scam in Mumbai, EOW has taken major action and details of other properties of the accused are also being investigated.

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Crime

Mumbai Five members of Lawrence Bishnoi gang arrested, Mumbai Crime Branch gives a shock to Bishnoi gang

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Mumbai: Mumbai Crime Branch has claimed to have arrested five shooters of gangster Lawrence Bishnoi gang in a major operation. 5 revolvers and 21 live cartridges have been recovered from the possession of these shooters. Mumbai Police is also interrogating these shooters. Police arrested the attackers before they could execute the incident and averted the incident. Mumbai Crime Branch has arrested these five from Andheri area. They had come here with the intention of carrying out a major vandalism incident, but the police foiled the incident before that.

The arrested accused include Vikas Thakur, Samit Dilawar, Devendra Rupesh Saxena, Shreya Suresh Yadav, Vivek Gupta. Vikas Thakur is a resident of Versova Andheri, Samit Mukesh Kumar Dilawar is a resident of Sonipat, Haryana, Devendra Rupesh Saxena is a resident of Madhya Pradesh, Shreya Suresh Yadav is a resident of Jagdishpur, Bihar and Vivek Kumar Gupta is a resident of Rampur, Rajasthan.

Weapons have been recovered from their possession and the Crime Branch has registered a case against them under Section 3 and 25 of the BNS, Section 55 and 61 (2) and Maharashtra Police Act. The Crime Branch is investigating where the accused brought the weapons from.

After the shooting of Salman Khan, Lawrence Bishnoi gang is trying to become active in Mumbai, but due to the strict action of Mumbai Crime Branch, the back of the gang has been broken and now the Crime Branch has given a big blow to the Lawrence Bishnoi gang and arrested five of its members. The Crime Branch is further investigating the matter.

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Maharashtra

It is unconstitutional to deprive SP MLA Raees Sheikh of his right to handle religious affairs under Article 26 of the Constitution

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Mumbai: Maharashtra MLA Raees Sheikh has opposed the introduction of the Wakf Bill in the Lok Sabha. Raees Sheikh has strongly criticized the BJP for creating a false narrative and called the bill a misconception and unconstitutional bill which is harmful for the poor of the society.

Shaikh further said that Article 26 of the Constitution guarantees freedom to run religious institutions. It is unconstitutional to take away the right of a person to run his institution under Article 26 of the Constitution. MLA Shaikh said that this move is against the constitutional guarantee of dealing with religious matters.

Shaikh said that the BJP government is showing the UPA government that it is doing politics of appeasement of a particular community, while the BJP-led government is not doing so. This is an attempt to spread a lie that allows the community to seize any land under Waqf or claim it to be Waqf. The Waqf Board is not a private organisation of the Muslim community but a statutory body established under the Waqf Act. In the process of declaring a property as Waqf, a government surveyor conducts a survey and officially declares the property as Waqf. Sheikh remarked that it is completely wrong to present the idea that Muslims can arbitrarily declare any property as Waqf.

Shaikh further said that he strongly opposes the false image being created by the government and the government has not considered the suggestions given by Muslims or the opposition. All Waqf governing boards and trusts have been given the option to exit the Waqf framework. This has weakened the system. “This is an unimaginable and unimaginable bill that only harms the poor of the society,” Sheikh said.

He further said that some provisions, such as the condition that the person making the donation should have been a Muslim for five years, are strange. Earlier encroachment on wakf property was a non-bailable offence, but now it has been made a criminal offence

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