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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

Hateful statements, obscenity in the name of entertainment will not be tolerated, strict action will be taken: Mayor Ritu Tawde

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Mumbai: The hospital administration has formed an inquiry committee in the case of hate speech made by Sejal Pawar, a medical student of KEM Hospital, in the live show of stand-up comedian Preneet More. Hate speech in the name of entertainment will not be tolerated. The hospital administration has been directed to take strict action in this matter, Mumbai Mayor Ritu Tawde has clarified.

Mumbai Mayor Ritu Tawde has reacted strongly to the entire incident and has appealed to artists and content creators to be aware of social responsibility. Two clips of stand-up comedian Preneet More’s show that are going viral on social media are causing great anger among the citizens. In the first clip, a man named Himanshu Jagda narrated an incident of degrading treatment of a woman, while in the second clip, Sejal Pawar, a medical student of KEM Hospital, made extremely hateful, obscene and offensive comments about the bodies of men who had donated their bodies for medical education. In both these cases, comedian Praneet laughed and clapped instead of objecting. Taking notice of the insensitivity in both these clips, the Maharashtra Cyber ​​Police took immediate action and registered a case. Clarifying the municipal corporation’s stand on the matter and fully supporting the legal action, Mumbai Mayor Ritu Tawde explained that the Maharashtra Cyber ​​Department has taken action. Apart from this, the KEM Hospital administration has also appointed a committee to investigate Sejal Pawar. The Mayor clarified that the hospital administration has been directed to take strict action in this matter. Mayor Tawde further said that freedom of expression is a very important part of democracy, but in the name of this freedom, content that insults women, obscenity, hate speech, hateful content or content that sends the wrong message to the society cannot be accepted under any circumstances. Everyone should respect boundaries while discussing sensitive issues related to women, consent and the medical sector in a public forum. Mumbai is a city of culture, art and freedom of thought. However, it is the collective responsibility of all to ensure that no one’s dignity is violated in the name of entertainment. Since social media has a great influence on the youth, the impact of such content on society should be seriously considered. Everyone should be sensitive to this. All artists, digital content creators and social media influencers should preserve their creative talents while maintaining a sense of social interest, sensitivity and morality. Citizens should also behave responsibly on social media and strongly oppose things that promote hatred, obscenity and anti-women mentality, Ritu Tawde has also appealed on this occasion.

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Maharashtra

MLA Abu Asim Azmi demands Interior Minister to allow Muharram sermons and gatherings until 9pm

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Mumbai: In view of the importance of the holy days of Muharram, the time of public religious speeches, sermons and gatherings held during this period should be extended from 10 am to 12 pm, MLA Abu Asim Azmi has sent a memorandum to the state Home Minister Devendra Fadnavis, making this strong demand.

MLA Azmi has said in his letter that public speeches, sermons and gatherings are organized in different areas at night during Muharram, in which a large number of devotees participate. Currently, Maghrib prayers are offered at around 7 pm, after which a lot of time is spent until the Isha prayers are completed. The police administration is currently allowing only up to 10 pm, due to which very little time is required for the actual program after the prayers. Due to this shortage of time, there is anxiety among Muslims and they are not able to fully benefit from these religious speeches.

In view of this situation, with full respect for law and order, this time should be extended till 12 midnight for the scheduled dates of Muharram. MLA Abu Asim Azmi has demanded that the Home Minister himself intervene in the matter and immediately issue positive orders to the police administration. Copies of this memorandum have also been sent to the Chief Minister and Mumbai Police Joint Commissioner (Law and Order) Devin Bharti for necessary action.

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Maharashtra

Mira Road C-Queen Palace Orchestra Bar raided, 12 women recovered, 9 arrested

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A team led by DCP Rahul Chavan of Mira Road Police Commissionerate, Circle 1, raided the Sea Queen Palace Orchestra Bar in front of Daraz Dhaba on Mumbai-Ahmedabad Highway under the limits of Kashigaon Police Station on Mira Road. During the raid, the police rescued 12 women. A cashier and 8 waiters were arrested, including the driver, owner and manager of the bar who are absconding. During the raid, Rs 50,000 in cash was seized. Along with this, illegal stocks of whiskey and beer were seized. Further investigation is underway in the case. It is said that an illegal dance and entertainment party was going on in the bar. During this, the police raided and arrested the accused and also released 12 dancers.

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