High Court Of Bombay
Sai (SRA) Co-Operative Housing Society Ltd. vs Slum Rehabilitation Authority & Ors
Writ Petition (L) No 30236 of 2023 On 22 March 2024
Hon'ble Judges: Sandeep V. Marne
Case Type: Writ Petition (L)
Final Decision:
Advocates: Sharan Jagtiani, Makrand Kale, Sumeet Nankani, Yogesh Sankpal, Jagdish G. Aradwad (Reddy), Shahjirao Shinde, Kuldeep T. Pawar, Cherag Balsara, Yogesh Patil, Mayur Khandeparkar, Rishi N. Bhatt
Citations:
2024 0 CJ(Bom) 256
ACTS REFERRED:
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 32
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 13(2)
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 32
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 13(2)
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4
(A) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4, Section 4, Section 32, Section 32, Section 13(2), Section 13(2) - Declaration of slum areas - Declaration of slum areas - Occupiers or Owners consent ordinarily to be obtained - Occupiers or Owners consent ordinarily to be obtained - Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area - Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area font-size: 16px;" >1)
Petitioner-Society has challenged Order dated 4 October 2023 passed by Apex
Grievance Redressal Committee (AGRC) by which the Order passed by Chief
Executive Officer of Slum Rehabilitation Authority passed under Section 13 (2)
of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
(Slum Act) is set aside and the application filed by the Petitioner-Society is
remanded to the CEO/SRA for fresh hearing on merits.
Judgement Text
1)
Petitioner-Society has challenged Order dated 4 October 2023 passed by Apex
Grievance Redressal Committee (AGRC) by which the Order passed by Chief
Executive Officer of Slum Rehabilitation Authority passed under Section 13 (2)
of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
(Slum Act) is set aside and the application filed by the Petitioner-Society is
remanded to the CEO/SRA for fresh hearing on merits. By Order dated 14
September 2021, the CEO/SRA had allowed application filed by Petitioner-Society
under Section 13 (2) of Slum Act by terminating the appointment of M/s. Raviraj
Construction (Respondent No.4) as developer of the Slum Rehabilitation Scheme
(SRS) granting liberty to the Petitioner-Society to appoint a new developer of
its choice. Petitioner-Society is aggrieved by the Order passed by AGRC by
which termination of Respondent No.4-Developer is set aside and the right
conferred on Petitioner-Society to appoint new developer of its choice is
withdrawn. The Petitioner-Society is desirous of implementing the SRS through
Respondent No.5-Developer and is accordingly aggrieved by AGRC's decision
remanding the proceedings to CEO/SRA.
2)
Briefly stated, facts of the case are that a Notification was issued by the
State Government in the year 1997 under provisions of Section 4 of the Slum Act
classifying the subject plot as 'Slum Areas'. Respondent No.4-Raviraj
Construction, a proprietary
