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2010 Supreme(Bom) 1637

B.H.MARLAPALLE, ROSHAN DALVI
Anil Gulabdas Shah – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:A.G.Shah, petitioner in person.
For the Respondents:R1 & R3, Jasbir Saluja, AGP, R2, Arif Bookwala, Senior Counsel along with G.D. Utangale, B.V. Phadnis i/b. Utangale & Co., R4, Aspi Chinoy, Senior Counsel with M.P.S. Rao, Senior Counsel i/by Naik Paranjpe & Co., Sandeep Parekh a/w Ashok Paranjape and Saneet Shukla i/b.Naik Paranjape & Co., Advocates.

Judgment

B.H. MARLAPALLE, J.

1. Both these petitions filed under Article 226 of the Constitution raise a common challenge and, therefore, they have been heard together at all times. They came to be filed on or about 26th March, 1999 and 23rd February, 2000 respectively and the initial challenge was to the Notification dated 16th May, 1999 issued under Section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act 1971 (for short “the Act”) and the Letter of Intent issued on 1st December, 1998 in favour of respondent No.4 which is a builder/developer company. By the Notification dated 16th May, 1998 issued by the State Government through its Housing and Special Assistance an area admeasuring 44330 sq. meters (more than 11 acres) located in Andheri East and popularly known as Saiwadi has been acquired purportedly to execute the “works of improvement” as envisaged under the Act. Whereas by the second impugned order dated 1st December, 1998 the Letter of Intent has been issued in favour of the respondent No.4 for the entire area of 44330 sq. meters acquired by the notification dated 6th July, 1998 and though initially the F.S.I. granted was 2.07, subsequentl























































































































































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