JUDGMENT - KHANDEPARKAR R.M.S., J.: - Heard the learned Advocate for the parties. Perused the records.

2.The petitioner challenges the judgment and order dated 11th October, 2001 passed in Appeal No. 22 of 2001 by the Maharashtra Slum Areas (I.C. R.) Tribunal, Mumbai. The challenge to the impugned order is on the two grounds. Firstly, that the petitioner had raised the specific plea as regards the non-compliance of the mandatory requirements under section 4(1) before issuing the declaration under the Maharashtra Slum Areas (Improvement, Clearance Redevelopment) Act, 1971 (hereinafter called as "the said Act") in relation to the area in question and the lower Appellate Authority failed to consider the same and thereby failed to exercise its jurisdiction in that regard, which is otherwise required to be exercised. Secondly, that the lower Appellate Authority also failed to decide the issue pertaining to the non-service of the notice relating to the said declaration which was required to be served in terms of the procedure prescribed for that purpose under the Maharashtra Slum Areas (Improvement, Clearance Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971, (

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