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2010 Supreme(Bom) 420

A.P.BHANGALE, J.N.PATEL
Om Shree Sai Developers – Appellant
Versus
State of Maharashtra through the Secretary, Housing Department – Respondent


Advocates Appeared:
For the Petitioners:P.A. Sawant with K.R. Khatta i/b N.R. Gandhi, Advocates. For the Respondents:R1 & R5, D.A. Nalawade, Government Pleader, R2, G.D. Utangale i/b Utangale & Co., R3, V.A. Thorat, Senior Advocate i/b Abhay Parab, R4, V.H. Kamdi, Advocates.

Judgment :-

A.P. Bhangale, J.


1. Heard. Rule. Learned counsel appearing on behalf of the respective respondents waive notice. By consent, rule is made returnable forthwith.


2. The petitioner-developer seeks to invoke writ jurisdiction of this Court under Article 226 of the Constitution of India for, to quash and set aside the order dated 18-7-2009 passed by High Power Committee of the Government of Maharashtra in Application No.824 of 2008. The petitioner had challenged the order dated 4-3-2008 passed by the Chief Executive Officer, Slum Rehabilitation Authority whereby the S.R.A. directed further implementation of the slum rehabilitation scheme by another developer M/s. Shree Siddhi Vinayak Construction Company (respondent No.4 herein). The High Power Committee has dismissed the appeal by the petitioner on the ground that no case was made out.


3. The facts which gave rise to this petition are mentioned as under:-

A plot of land bearing CTS No.6 (Part); 7; 7/1 to 3; 9/1 to 4; 10(Part) admeasuring 7000 square meters at Mulund (West), Mumbai is claimed by the petitioner. According to the petitioner, the plot of land was encroached by slum-dwellers who proposed co-operative housing





















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