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2006 Supreme(Bom) 997

H.L.GOKHALE, J.H.BHATIA
SAI BHAGWATI CO-OP. HOUSING SOCIETY (PROPOSED) – Appellant
Versus
SLUM REHABILITATION AUTHORITY – Respondent


ORAL ORDER

H. L. GOKHALE, J. : - Heard the counsel for the parties.

2. This petition is filed by a proposed housing society of over 100 slum dwellers who want to develop a slum area situated in Andheri/Vile Parle (East), Mumbai. Petitioner No.2 is a slum developer whom they have chosen to develop this property. They are challenging the decision of the Secretary (Housing) dated 21st April, 2005 whereby he has directed respondent No. 1 to consider the proposal of respondent No.3 and to issue them the Letter of Intent to develop the concerned property. Respondent No.3 is a developer appointed by respondent No.5 which is another proposed co -operative housing society and which has interest in developing the same parcel of land.

3. The short facts leading to this petition are this wise that the concerned parcel of land belongs to the Municipal Corporation. Neither the 1st petitioner society nor the 5th respondent society or their respective builders have any rights whatsoever in this parcel of land. Their rights will have to be examined only in the context of whatever limited status they have been given under the relevant statutes and that status is confined to this much that 70% of s























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