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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

Bandra Terminus and Lalkuan by Western Railway Meanwhile, the launch of weekly superfast trains

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Bandra Terminus and Lalkuan by Western Railway Meanwhile, the launch of weekly superfast trains

Western Railway has decided to run a weekly superfast train between Bandra Terminus and Lalkuan stations for the convenience of passengers and to reduce the extra crowd.

According to the press release issued by Shri Vineet Abhishek, Chief Public Relations Officer, Western Railway, the details of this train are as follows:

· Train No. 22543/22544 Bandra Terminus – Lalkuan Superfast Express (Weekly):

Train No. 22543 Bandra Terminus-Lalkuan Superfast Express will depart from Bandra Terminus every Tuesday at 11.00 am and reach Lalkuan at 13.15 pm the next day. This train will run from October 22, 2024. Similarly, Train No. 22544 Lalkuan-Bandra Terminus Superfast Express will depart from Lalkuan every Monday at 07.45 am and reach Bandra Terminus at 08.30 am the next day. This train will run from October 21, 2024.

This train will stop at Borivali, Vapi, Surat, Vadodara, Ratlam, Kota, Sawai Madhopur, Bharatpur, Mathura, Hazrat Nizamuddin, Ghaziabad, Hapur, Amroha, Moradabad, Rampur and Rudrapur City stations in both directions.

This train has AC 2-Tier, AC 3-Tier, AC 3-Tier (Economy), Sleeper Class and Second Class General coaches.

Booking of train number 22543 will start from October 18, 2024 at all PRS counters and IRCTC website. For detailed information regarding stoppage time and composition of trains, passengers can please visit www.enquiry.indianrail.gov.in

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Maharashtra

Mumbai: ‘Aaditya Thackeray Puppet Of Urban Naxals, Spreading Fake Narrative On Dharavi Redevelopment Project’, Says Ashish Shelar

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Mumbai: 'Aaditya Thackeray Puppet Of Urban Naxals, Spreading Fake Narrative On Dharavi Redevelopment Project', Says Ashish Shelar

Mumbai BJP chief Ashish Shelar challenged the Shiv Sena (UBT) leader Aaditya Thackeray for a debate and said the later is the spokesperson for the urban naxals. “Aaditya Thackeray and Congress MP Varsha Gaikwad have spread misconceptions, lies and fake narratives on the Dharavi Redevelopment Project. Aaditya lacks knowledge of the tender. He is a puppet of urban naxals,” Shelar said in the press conference in Mumbai on Thursday.

Speaking over the Dharavi’s redevelopment project, Shelar said that the project is a necessity and is a priority project, adding that Uddhav Thackeray-led Shiv Sena and Congress leader Varsha Gaikwad are peddling lies in the name of Adani.

Aaditya is the MLA from Worli constituency and Varsha Gaikwad, the Mumbai Congress chief is elected as the MP from Mumbai North Central constituency. She is the former MLA from Dharavi constituency.

Shelar, the MLA from Bandra questioned Thackeray and Gaikwad that when 70 per cent of the homes in Dharavi Redevelopment Project will go to Marathi people, Muslims and Dalits, then why are they putting roadblocks in the project by creating false narrative?

Giving update on the Dharavi redevelopment project, Shelar said that currently the government survey is underay to determine eligible of the residents. So far only around 20,000 structures have been surveyed. “How can Aaditya Thackeray claim 7 lakh people will be sent out of Dharavi when survey is yet to be completed?”

Around 430 acres of land is available on which there will be infrastructure development, open spaces, gardens etc. Hence more space is being taken up to give everyone a home. So why is Aaditya opposing it?

“Aaditya Thackeray claims that 1,800 acres of land has been given to Adani. I challenge him to show one document that proves it and I will quit politics. If not, he should retire from politics,” Shelar said.

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Maharashtra

Maharashtra Elections 2024: Sameer Wankhede To Join Shinde Sena, Likely To Contest From Mumbai’s Dharavi Seat

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Maharashtra Elections 2024: Sameer Wankhede To Join Shinde Sena, Likely To Contest From Mumbai's Dharavi Seat

Mumbai: Ahead of Maharashtra assembly elections, Indian Revenue Services (IRS) officer Sameer Wankhede is set to join the Shiv Sena (Eknath Shinde) faction. His process for his formal entry into the party is underway and he will officially join the Shiv Sena in next two days, sources say.

Wankhede, the former Narcotics Control Bureau (NCB) zonal director is likely to contest the 2024 assembly elections from Mumbai’s Dharavi constituency.

During the 2024 Lok Sabha elections, it was reported that Wankhede was keen on joining the BJP and contest from Wardha constituency in Maharashtra’s Vidharbha region, his hometown.

IRS Sameer Wankhede has always been in the news due to his strict actions and raids he conducted during his postings at Mumbai Customs and NCB. In 2022, he led Cordelia case where a cruise ship was raided and Aryan Khan the son of actor Shah Rukh Khan was arrested on charges of drug use and possession. All charges against Aryan Khan were dropped later, with Wankhede removed from the case after being accused of blackmail.

Wankhede is currently posted in Chennai.

This is a breaking news. More details will be updated.

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