Maharashtra
Bombay HC says 100% consent for redevelopment of unsafe buildings not must
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.”
Mumbai: Anti-Narcotics Cell ANC Ghatkopar has claimed to have arrested drug dealer Mohammad Shafi Sheikh alias Akbar Khao on charges of drug trafficking. MCOCA was applied to him in the police station for drug trafficking and he was released on bail. Despite this, he used to supply drugs. ANC had arrested an accused in a drug case. During his investigation, it was revealed that Akbar Khao was a fugitive in this case. His details were known and clues were found. He is hiding in Odisha, after which the police arrested him from Raj Gangapur Sundergarh. A total of 15 cases have been registered against Akbar Khao, including NDPS Act and various crimes. Two NDPS Act cases are registered in VB Nagar. ANC has 2 NDPS drug trafficking cases, a total of 18 cases have been registered. The ANC has arrested two accused in this case and also seized drugs worth Rs 12 crore. This operation was carried out by ANC DCP Nunath Dhole on the instructions of Mumbai Police Commissioner Deven Bharti.
Maharashtra
State ready for Zilla Parishad and Gram Panchayat Mahayuti elections: Chief Minister Fadnavis
In the Zilla Parishad and Gram Panchayat elections in Mumbai state, Mahayuti will contest the election as a united front and even where there is no electoral consensus in Mahayuti, there will be a friendly contest and it is hoped that the people of the state will trust Mahayuti in these elections. This claim has been made by Maharashtra Chief Minister Devendra Fadnavis. No formula for the distribution of seats in Mahayuti has been decided so far for the local body elections. However, where the alliance party and the BJP are strong, a formula for a solo contest has been decided, just like the talk of Eknath Shinde in Thana and BJP’s solo contest in Pune is common.
Fadnavis criticized Uddhav Thackeray and said that it is his job to insult him. If he is visiting the state, it is a good thing, but the people know everything and they will restore faith in Mahayuti in the elections. He said that the Election Commission has announced the elections. Uddhav Thackeray and the opposition want to postpone the elections, so they are alleging irregularities and rigging in the voting list. However, the Supreme Court has issued instructions to hold the elections soon, so it is not possible to postpone or delay the elections. Fadnavis expressed confidence that he has faith in the people. This time too, the people will agree with Mahayuti. Therefore, the opposition wants to postpone and postpone the elections, while Mahayuti is ready for the elections.
Mumbai: Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has expressed his anger over Nitesh Rane statement and has given a befitting reply and said that no one’s father has India. He said that Nitesh Rane constantly shows provocations and no action is taken against him. Many cases have been registered but no action is taken. Sharjeel Imam, Umar Khalid are in jail but they are free. They did not show any provocation. The Supreme Court has directed strict action against hate speech but why does the government not take action against such elements who spread hatred.
Mumbai Crime: Serial Snatcher Who Targeted Women At D Mart Stores Arrested
Anti-Narcotics Cell ANC arrests drug dealer Akbar Khao in major operation
State ready for Zilla Parishad and Gram Panchayat Mahayuti elections: Chief Minister Fadnavis
All preparations fully completed for Bihar polls: DGP Vinay Kumar
Watson hails Gill as ‘ridiculously talented’ batter ahead of Gold Coast T20I
Amitabh Bachchan reflects on changing times and fading memories
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