Mumbai: This is an area in the work that determines the flat size developed and not income residents, said the Bombay High Court when rejecting the petition said, if permitted, one of the largest rebuilding schemes is being carried out in Mumbai.
This petition by six residents of Samata Nagar in Kandivli (east), where the development plan re-involved “colossal 2.18,865 lakh sq m and maybe more”.
“If someone must go on income, all rebuilding will collapse and will be considered unable to be implemented,” said Justice Gautam Patel and Justice Madhav Jamdar on February 10.
At least 48 old buildings are being rebuilt at Samata Nagar.
The six occupants say their buildings are in the category of middle-income groups (MIG) but they occupy 18sqm fighters.
Their advocate Amogh Singh argues that the area under the work is not material to decide whether residents are a mig or lower income group (LIG) and the only factor is income.
He said that despite the right or ancestors might be the MIG category in revenue-based determination, the allotment was 18sqm.
Singh said Mhada had received the building fell into the MIG category.
State August 26, 2009, the decision is to provide residents of LIG that meet the requirements of 45SQM with Fungible FSI (floor space index) – an increase of up to 60 square meters.
The mig occupants will get 80sqm with the appropriate increase.
The judges noted that the Petitioner tried to move from the 18sqm LIG area to the MIG area and wanted the classification of their real ancestral income and not the area in their occupancy to be considered.
“We cannot accept this shipment,” they said.
Judges say it is true that at the time of original allotment, income will determine the category, but in rebuilding it is an “area” and not “income area” correspondence is considered.
“The whole scheme of rebuilding Samata Nagar is based on the calculation of areas-for-regions,” they said From the MHADAD report, it is clear that the applicant has been allocated 60SQMT against their 18SQMT and this is in accordance with the LIG category.
“The increase is a quadrupled increase, but the petition even wants more and only those who want it more,” the judges said.
With the rejection of the petition The judges said: “The applicant must now empty.
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Redevpt Benefits related to Area, Not Income: Bombay HC
