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pvr filefa66666e729ba119992c6792539446 100% consent of all the erstwhile tenants/occupants, by submitting to the MCGM, 'permanent alternate accommodation agreements', executed with all the tenants, as a condition for issuance of a commencement certificate (CC), stated to be mandated by Clause 1.15 of the "Guidelines issued by the MCGM for declaring private and municipal buildings as 'C-1' category (Dangerous, Unsafe)" (for short "the 2018 Guidelines") and a similar consequential condition in the Intimation of Disapproval (IOD).

g) That pending the hearing and final disposal. of the present Suit, the Defendant No. 1 to 8 be directed to maintain 'Status- Quo' in respect of the Suit Plot.

h) Ad-interim or interim reliefs in terms of prayer clause (e), (f) & (g) be granted.

i) For the cost of the Suit."

8. These respondents, however, could not get any interim orders in such civil suit, so as to restrain the petitioners and the MCGM from granting any IOD/commencement certificate in favour of the petitioners.

13. The petitioners contend that the basis for incorporating Condition 21(ii) in the IOD are the 2018-Guidelines ("Guidelines issued by the 12 of 33

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pvr filefa66666e729ba119992c6792539446 MCGM for declaring private and municipal buildings as C-1 category") , under which, clause No.1.15 stands incorporated to provide that the MCGM while granting a sanction to the redevelopment, the zonal building proposal department shall include a condition in the 'Intimation of Disapproval (IOD)' that unless and until an agreement either providing a permanent alternate accommodation in the newly constructed building or a settlement is arrived at by and between the tenants and /or occupiers and landlord, no Commencement Certificate (C.C.) will be issued under Section 45 of the MRTP Act. Clause 1.15 in the 2018-Guidelines reads thus:-

Analysis

16. On the above conspectus, we have heard learned Counsel for the parties, we have perused the record. As noted by us, Condition 39 of the IOD and Condition Nos.20 and 21(ii) as contained in the Notes under the IOD as also Clause No.1.15 of the 2018 Guidelines, are impugned by the petitioners. On a plain reading of such conditions and of clause 1.15 of the 2018 Guidelines, it is quite clear that the zonal building proposal department, needs to include a condition in the Intimation of Disapproval (IOD), that unless and until an agreement either providing for a permanent alternate accommodation in the newly 15 of 33