The construction of a 72-storey building near Mumbai Central station got the go-ahead after the Bombay high court dismissed a petition challenging the redevelopment of the 5,000 sq-metre Dalal Estate.
“The will of 87% of occupants in support of redevelopment should not be thwarted by a dissenting few,” observed the division bench of justice DY Chandrachud and justice AV Mohta, while dismissing a petition filed by Dinoo Baji Todiwala, 74, and 16 other members of Dalal Estate.
Their petition was dismissed primarily because a suit filed by them sought to declare that the property fell within the purview of Maharashtra Ownership of Apartments (MOA) Act, 1970, contending that they were entitled to an equal share in the property.
Their petition contended that they were entitled to an equal share in the property in accordance with provisions of the MOA Act on the basis of a declaration dating back to April 15, 1976. The petitioners, therefore, sought to stall the redevelopment.
Apart from the pending suit, the court also considered various aspects like the payments made by the developer – totalling Rs68.54 crore, substantial progress in the redevelopment work – 285 of the 305 members had consented for the redevelopment and 235 have already vacated their premises.
The bench also considered that both Mhada and BMC had declared the four buildings of Dalal Estate as dilapidated and beyond repair.