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2019 Supreme(SC) 1161

L.NAGESWARA RAO, HEMANT GUPTA
Kantabai Vasant Ahir – Appellant
Versus
Slum Rehabilitation Authority – Respondent


Advocates Appeared:
For the Appellant(s) :Aniruddha Deshmukh, Advocate
For the Respondent(s):Sandeep Sudhakar Deshmukh, P.S. Patwalia, Dilip Annasaheb Taur, Amol V. Deshmukh, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. In exercise of the power under Section 3C of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as “the Act”), Respondent No.1 declared 5168.50 sq. mts. in Survey Nos. 27 and 28 (Part) at Ramwadi Wadgoan Sheri, Pune as Slum Rehabilitation Area by an Order dated 24.05.2006. The Slum Clearance Order under Section 3D of the Act was passed in respect of the aforementioned land on 01.09.2009. The above orders were subject matter of challenge before the Maharashtra Slum Areas (IC & R) Tribunal, Mumbai in Appeal Nos.24 and 25 of 2014. The Appeals were partly allowed by the Tribunal. The aforementioned orders dated 24.05.2006 and 01.09.2009 were set aside only in respect of 1045.50 sq. mts. out of 5168.50 sq. mts. The order of the Tribunal was challenged by Respondent Nos. 1 and 2 in the High Court by filing a Writ Petition. The owner of the land, Respondent No.3 also filed a Writ Petition in the High Court questioning the legality of the order of the Tribunal. The High Court allowed both the Writ Petitions and set aside the order of the Tribunal. The High Court further declared that the slum rehabilita

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