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2005 Supreme(Bom) 290

NISHITA MHATRE, V.G.PALSHIKAR
Amba Chawl Wadi Rahiwasi Seva Sangh – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Judgment

NISHITA MHATRE, J.

( 1 ) THIS Petition is a desperate attempt by some slum dwellers to stall a Slum Rehabilitation Project under which housing would be provided to 132 slum dwellers. The Petition challenges the Scheme of Slum Rehabilitation which has been approved by the Municipal Corporation of greater Mumbai and the Slum Rehabilitation authority. The Petitioners by this Petition further seek a Mandamus for declaring that the order dated 19-12-2001 passed by the additional Collector of the Maharashtra Slum areas (Improvement, Clearance and redevelopment) Act (for short, 'the Slum Act') under sections 33 and 38 and the order dated 30-09-2002 passed under section 35 of the Slum act void and illegal.

( 2 ) THE Petitioners claim to be a registered society representing the residents on a plot owned by Respondent No. 1 (for short, hereinafter referred to as 'the Corporation' ). By a Resolution, the Corporation decided to redevelop the property on which about 156 hutments were in existence. The Corporation put up a proposal for developing the area and rehabilitating the slum dwellers residing in the huts on the property. A society known as mahalaxmi Co-operative Housing Society













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