Bombay High Court Affirms Termination of Atlantic Construction

07 Oct 2024 CW Team

The Bombay High Court upheld the termination of a developer's appointment, facilitating redevelopment in Versova village, Andheri (W), after more than 26 years. The court determined that Atlantic Construction Co. lacked the required minimum of 51 per cent consent from eligible slum-dwellers, as mandated by the Development Control & Promotion Regulations, 2034.

Justice Madhav Jamdar remarked in the order dated September 4 that if it were ruled that obtaining 51 per cent consent was not mandatory, it could lead to numerous challenges. He pointed out that a developer with the consent of only a few eligible slum-dwellers might assert a right to redevelopment, emphasizing that the requirement for 51 per cent or more consent is both specific and mandatory.

In November 1998, Atul Projects was appointed by Sahyog Kalpana CHS. However, due to its failure to initiate redevelopment efforts, the appointment was terminated by the Slum Rehabilitation Authority (SRA) in December 2015. Dynamic Civil Developers was then appointed in April 2015, but they also took no action. Consequently, in March 2022, the society sent a letter to the SRA CEO requesting the termination of the developer's appointment.

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