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2000 Supreme(Bom) 150

F.I.REBELLO
Pooja Enterprises and another – Appellant
Versus
Chief Executive Officer and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---Rule.

2.Learned Counsel for respondents waive service. By consent, heard forthwith.

3.The petitioners approached this Court to impugn order dated 2nd February, 2000 passed by the President, Maharashtra Slum Area (I.C. and R.) Special Tribunal, Mumbai. By the said order the tribunal was pleased to grant interim relief in terms of prayer Clause (a) which reads as under :-

"Pending the hearing and final hearing of this appeal the respondents be restrained by an order and injunction of this Honourable Court from carrying on any Slum Rehabilitation work of any nature whatsoever without Slum Rehabilitation declaration under section 3-C(1) of Maharashtra Slum Areas Act, in respect of C.T.S. Nos. 1492 of 1527 at Village Kirol, Ghatkopar (W), Mumbai."

The said appeal was filed before the tribunal purportedly under section 3-C(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, hereinafter referred to as the Slum Redevelopment Act.

4.At the hearing of the petition it is principally contended on behalf of the petitioners that the 4th respondent had no jurisdiction to grant any relief as there was no order passed under section 3-C(1)




























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