The Petitioners have challenged the order dated 14/10/2009 passed by Respondent No.3 (The Chief Executive Officer (CEO), Slum Rehabilitation Authority) under Section 13 of the Maharashtra Slum Areas (Improvements, Clearance and Redevelopment) Act, 1971 (for short, the Slum Areas Act) thereby has approved the termination of the Petitioners development agreement and simultaneously permitted to appoint new developer,/Respondent No.8, to continue to develop the slum rehabilitation scheme as announced 10 years back.

FACTA PROBANDA

2 Basic facts are as under:

The Petitioners are a registered partnership firm and have been involved in building, development and redevelopment activities since 1995.

3 The State of Maharashtra (Respondent no.1) has formed and approved various schemes and policies and framed rules and regulations under the various State Acts, to rehabilitate slum dwellers and occupiers of the Government and the Corporation lands and/or otherwise. Respondent No.2 is the Slum Rehabilitation Authority (the SRA) constituted under the Slum Areas Act. Respondent No.3 is CEO who functions as a head of Respondent No.2/SRA. Respondent No.4 is Indira SRA Cooperative Housing Society Ltd (Indira) of the Slum dwellers on whose applications the impugned order is passed. Respondent No.5 is the Municipal Corporation of Greater Mumbai who is the owner of the land (MCGM). Respondent No.6 is a Cooperative Society of slum dwellers/tenants claiming rights over the land in question i.e Prem Siddha Cooperative Housing Society (Prem Siddha). Respondent No.7 is Birla Industries Group Charity Trust (the Trust), claiming perpetual lease rights over part of the land under the scheme, therefore, filed Writ Petition No. 6277 of 2000, now 1762/2006.

4 The tenants/ occupants/slum dwellers, 2,270 in number, residing on C.S. No. 20 (Part), 32 (part), 33, 35, 36, 41, 65, 66 Worli Scheme No.58, plot 88 to 104 admeasuring about 42,955.22 sq. mtrs. situated at Worli which falls into G/South Ward belonging to Bombay Municipal Corporation (MCGM) formed a Cooperative society (Respondent no.4Indira Society) for the purpose of protection of their right, title and interest and for deriving the benefits of the Slum policy of the Government of Maharashtra.

5 As the members of Indira CHS Ltd were not in a position to approach Slum Authorities and other concerned authorities and to obtain sanction from them, the Society vide its General Body Resolution, appointed the Petitioners as a builder and developer for the scheme, to be implemented on the property mentioned above, and executed a necessary agreement dated 04.11.1994.

Pursuant to the General Body Resolution and consent of more than 70% of tenants/ occupants, the Petitioners had prepared a proposal for the Slum Redevelopment scheme (the Scheme) and approached the MCGM, for certification and verification of the tenants/ occupants on the property.

6 On 25/10/1996, the Officer of the MCGM physically verified the tenants and occupants and the consent terms executed in favour of the Petitioner and accordingly certified the lists as Annexure-II.

7 On 18/11/1997, the scheme submitted by the Petitioners on behalf of Respondent No.4 was principally approved by Respondent No.2.

8 On 31/12/1999, a Letter of Intent (LOI) was issued, of the complete area. On 30/03/2000, Respondent No.2 issued a Commencement Certificate (C.C.).

9 On 10/01/2000, the SRA permitted the Petitioners to revise its plan excluding the trust area.

10 The Trust filed a Writ Petition in this Court at its Appellate side bearing No. 6277 of 2000 (now W.P. No. 1762/2006(O.S.) This Court on 21.11.2000 admitted the above Petition and pending the hearing and final disposal, Respondent No.4/Society and consequently the Petitioners, were prevented from constructing and/or developing plot bearing Nos. 9195 and 100104 and also using FSI of the said plots. The interim order has been in force since then till this date. The challenges are also to NOC d