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2005 Supreme(Bom) 503

D.B.BHOSALE, S.B.MHASE
Chanchalben Amritlal Patel – Appellant
Versus
Deputy Collector (ENC) and Competent Authority – Respondent


Judgment

BHOSALE D. B. , J.

( 1 ) ALL the nine letters patent appeals involve common questions and, therefore, we propose to decide them by a common judgment. Though the appellants in all the appeals are different the facts are similar. The appeals are arising from common orders passed by the authorities below rejecting the applications, filed by the appellants and some other similarly placed persons, under section 22 (l) (a) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short the Act ). Those orders have been affirmed by the impugned order passed by the learned Single judge in the writ petitions filed by the appellants. The applications under section 22 (l) (a) of the Act were filed seeking permission to institute a suit for recovery of the arrears of rent and on that ground for eviction against the respondent-occupiers of the buildings/ chawls in the slum area. The land and the buildings admittedly situate in the slum area declared under sub-section (1) of section 4 of the Act. The learned Single Judge dismissed all the writ petitions filed by the appellants by similar orders in limine. The order passed in the writ petitions and which is i





















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