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2006 Supreme(Bom) 790

D.G.DESHPANDE, V.K.TAHILRAMANI
Nagnarayan Saryu Singh – Appellant
Versus
A. N. Roy – Respondent


Judgment

V. K. TAHILRAMANI, J.

( 1 ) THROUGH this petition, the petitioner-detenu has impugned the order of detention dated 22. 6. 2005 passed by Respondent No. 1 Shri. A. N. Roy, commissioner of Police Greater Mumbai. By the said order, the detenu came to be detained under the maharashtra Prevention of Dangerous Activities of slumlords, Bootleggers, Drug-offenders and dangerous Persons, Act, 1981 (Hereinafter referred to as "m. P. D. A. Act") as he is a slumlord.

( 2 ) A perusal of the grounds of detention, shows that the impugned order is founded on one C. R. i. e. C. R. No. 5 of 2005 and four incamera statements. The said crime is under Section 3 z-2 (6) of the Maharashtra Slum Area (Improvement clearance and Redevelopment) Act, 1971.

( 3 ) BRIEF facts relating to C. R. No. 5 of 2005 are that:"unauthorised hutments were constructed on government land on City Survey No. 263 which was demolished on 2. 12. 2004 by the Staff of encroachment and Demolition squad. However, again the unauthorised hutments were constructed on the said land which were demolished again on 17. 1. 2005. The detenu had constructed unauthorised hutments on government land so also, he was provoking others to c































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