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2010 Supreme(Bom) 1226

MOHIT S.SHAH, D.Y.CHANDRACHUD
Balasaheb Arjun Torbole – Appellant
Versus
Administrator and the Divisional Commissioner – Respondent


Advocates appeared:
Mr. Anil V. Anturkar, Senior Advocate with Mr. Ravinder Sethi i/by Ms. Anjali R. Awasthi for the petitioners. Mr. D.A. Nalawade, Government Pleader for respondent Nos.1 to 3, 11, 13, 14, 19 to 21. Mr. S.G. Surana for respondent No.10. Mr. Chirag Balsara i/by M/s. Divya Shah Associates for caveator (C.No.1014/10). Mr. Shyam Mehta with Mr. Vaibhav Mehta for respondent No.15.

Judgment :

Chief Justice

What is challenged in this writ petition under Article 226 of the Constitution of India is the order dated 17 April 2010 of the High Powered Committee of the Government of Maharashtra, dismissing Appeal No.62 of 2010 of the present petitioners. In the appeal, the petitioners challenged the sanction of a scheme by the Slum Rehabilitation Authority on lands bearing CTS No.106, 106/1 to 5,107/1 to 9, 108(pt), 111(pt), 111/1 to 77, 80 to 132 & 112(pt) of village Kurla, Hutatma Prabhakar Keluskar Marg (Match Factory Lane), Kurla (West), Mumbai. A Letter of Intent was issued for the whole plot on 29 April 2006. Out of the above plots, plot Nos.106, 107 and 108 are the plots in question which were earlier owned by respondent No.8 and were subsequently declared as slums. The other lands are of the Municipal Corporation of Greater Mumbai. The petitioners herein are residents in the slums on private plots owned by respondent No.8.

2. The competent authority declared the above private plots as well as Mumbai Municipal Corporation plots to be slum areas under section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'Slu















































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