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2004 Supreme(Bom) 249

R.M.S.KHANDEPARKAR
Ramkali Sitaram Kushawaha & others – Appellant
Versus
Deputy Collector (ENC) and Competent Authority & others – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Perused the records. Rule. By consent, the rule made returnable forthwith and taken up for final disposal.

2. The petitioners challenge the order and the notification issued under section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, hereinafter called as "the said Act", contending that the same are in contravention of the provisions of the said Act.

3. The subject matter of the dispute relates to the piece of land bearing CTS No. 101 and 10171 to 1-8 and a structure, standing thereon situate at Anand Nagar, Sanman Singh Marg, Bhandup (West) of village Kanjur, Taluka Kurla, Mumbai Suburban District. The petitioners claim to be the lessees in respect of the said land admeasuring 1633 sq. yards and the owners of the structures of four chawls constructed therein. By Notification dated 16th September, 1976, the said property was sought to be declared as the slum area under section 4 of the said Act. However, in Appeal No. 38 of 1982, by an order dated 28th October, 1983, the said declaration was set aside. Thereafter by notification dated 16th August, 1995 publis



























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