Abdul Rehman Shaikh vs Executive Engineer 'C-1' Division ... on 10 April, 2024
49) In the case of Sugrabai (supra), this Court has in terms
ruled that a perusal of Section 95A of the Act, does not indicate
that for issuance of notice to vacate under Section 95A of the
said Act, the building is required to be in dilapidated condition.
A plain reading of the said provision clearly indicates that a
proposal to the Board for reconstruction of the building can be
made by the owner of the building or members of the proposed
housing society of the occupants of the said building for
reconstruction of the building, after obtaining the written
consent of not less than 70% of the total occupiers of the
building.