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25. Learned senior counsel submits that under the said Letter of Intent in favour of the respondent no.3, the respondent no.3 has to carry out redevelopment of the lands admeasuring about 16 and ½ acres. The respondent no.2 has sanctioned the cluster redevelopment scheme under Regulation 33(9) of the Development 16 wp-1811.2019.doc Control Regulation after following the requisite procedure in favour of the respondent no.3. He submits that under the said cluster redevelopment scheme, the occupants of about 280 buildings will have to be accommodated in large number of buildings to be constructed on the said land admeasuring about 16 and ½ acres.

26. Insofar as submission of Mr.Gorwadkar, learned senior counsel appearing for the petitioner that no IOD or NOC was issued by the authority in favour of the respondent no.3 is concerned, it is submitted by the learned senior counsel that the Letter of Intent issued by the respondent no.2 itself would constitute as 'no objection certificate' in respect of MHADA buildings and thus there is no necessity for the respondent no.3 to obtain any separate IOD or NOC for carrying out redevelopment under the said cluster redevelopment scheme.

45. Mr.Gorwadkar, learned senior counsel appearing for the petitioner in rejoinder reiterated his submission insofar as filing of separate suit for eviction by the respondent no.3 against the petitioner under section 16(1)(i) read with section 33 of the Maharashtra Rent Control Act is concerned.

46. Mr.Tulzapurkar, learned senior counsel for the respondent no.3 submits that the said provisions of Rent Act are not at all applicable in the facts of this case in view of the Letter of Intent having been issued by the respondent no.2 for carrying out redevelopment under cluster redevelopment scheme and the MAHDA having issued notice under section 95A of the MHAD Act in view of the respondent no.3 having satisfied three conditions mentioned therein.

70. In my view, for the purpose of implementing the Cluster Redevelopment Scheme involving large number of occupants / 47 wp-1811.2019.doc tenants under the said scheme, separate mechanism is provided under the provisions of Development Control Regulation for greater Mumbai read with the provisions of the Maharashtra Housing Area Development Act, 1976. These powers are not to be mixed with up the powers of a landlord to seek eviction from the premises in occupation of a tenant for the purpose of demolition of a building and for reconstruction. Both these powers operate in different field and cannot be mixed up. A special machinery is provided under section 95A of the MHAD Act with the powers of summary eviction in case of compliance of those conditions. The `no objection certificate' holder or the holder of Letter of Intent under a Cluster Redevelopment Scheme cannot be asked to file a separate suit against each of the tenant for eviction for the purpose of demolition or reconstruction of a building under the provisions of the Rent Act. There is thus no merit in this submission of the learned senior counsel for the petitioner.