Supreme Court of India · 2010-07-05
AVINASH GAIKWAD vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2005/28197
- Court
- Supreme Court of India
- Petitioner
- AVINASH GAIKWAD
- Respondent
- STATE OF MAHARASHTRA .
- Author
- R.V.RAVEENDRAN
Judgment text excerpt
The Supreme Court upheld the order of the Bombay High Court dismissing W.P.No.649/2005, which challenged the redevelopment of property acquired under Section 41 of the Maharashtra Housing & Area Development Act, 1976. The Court affirmed that MHADA's no objection certificate for redevelopment was valid and that the State Government's scheme for utilizing FSI for constructing tenements was lawful. The Court emphasized the necessity of involving a developer with the consent of at least 70% of the occupants for effective redevelopment under the Urban Renewal Scheme.