R.D.DHANUKA, J.

Rule, returnable forthwith. Respondents waives service. Heard finally by consent of parties.

2. In this petition under Article 226 of the Constitution of India, the Petitioners have challenged the impugned order dated 14th August 2010 passed by the Under Secretary to the Government of Maharashtra under Section 3(K) (I) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The factual matrix involved in the above petition can be stated thus :

3. The Municipal Corporation of Greater Mumbai is the owner of the property bearing C.Survey No.17/47 (Part) of Lower Parel Division, Mumbai City District in G/South Ward admeasuring about 68,970.58 sq.mtr. As per the revised sanctioned Development Plan of 1991, the reservations of the plot of the lands are designated cemetery 4253.90 sq.mt. (ii) Designated Sewerage Purification Works – 9426.84 sq.mt. (iii) Housing for Dishoused Rehabilitation of slum – 24998.88 sq.mt. (iv) Housing for Dishoused – 30290.96 sq.mt. The said property is totally encumbered and occupied by existing census slums of about 3676 slum dwellers. The slum-dwellers have formed four slum colonies viz. (1) Jivan Jyot Nagar, (2) Shree Vivekanand Nagar, (3) Veer Jeejamata Nagar and (4) Mata Ramabai Nagar. The occupiers of the said slum are protected occupiers within the meaning of Section 3(x) of the said Act for getting permanent alternate accommodation.

4. The existing IPS and EPS units at Love Grove are designed for a maximum capacity of 1820 MLD which is sufficient for Mumbai Sewerage Disposal Project. The Municipal Corporation however, required additional land for further level of treatment as per Maharashtra Pollution Control Board/MOEF norms.

5. The Corporation obtained consent of its Standing Committee for implementation of MSDP II Project. The project is partly funded by Jawaharlal Nehru National Urban Renewal Mission. The Municipal Corporation required the entire land under designation of Sewerage Treatment Plan and also the land adjoining to the existing Love Grove Pumping Station encroached by slums. The Corporation required minimum size of 25,433.58 sq.mtr. of land from the total land encroached by slums. Out of 35,775.58 sq.mtrs. occupied by the three societies, 25,433.58 sq.mtrs. was required by the Municipal Corporation for its MSDP-II project. According to Corporation, the balance land admeasuring about 10342.00 sq.mtrs. was to be available for the purpose of construction of buildings under the S.R.Scheme. The Corporation found that it was not feasible to rehabilitate the existing three slum colonies on the land admeasuring 10342.00 sq.mtrs. The Corporation therefore decided that the composite rehabilitation scheme was in the best interest of all the slum dwellers as they would be rehabilitated on the same plot of land, otherwise merely 2515 families would be dislocated from the said land and the Corporation did not have any alternate land to relocate the said slum dwellers in and around said locality.

6. The Corporation found that Respondent No.4 Developer was supported by more than 70% of its slum dwellers from Jivan Jyot Nagar and Swami Vivekanand Nagar and had submitted rehabilitation proposal in respect of Jivan Jyot Nagar way back in 2004 and Swami Vivekanand Nagar in the year 2006. The Corporation also approved and certified the Annexure – II in respect of these two societies and it has also found that Respondent No.4 was also appointed as developer by the said society. Respondent No.4 was supported by about 50% consent in respect of the entire slum area of the four colonies (i) Jivan Jyot (SRA) CHS (Proposed) (ii) Shree Swami Vivekanand Nagar (SRA) CHS (Proposed) (iii) Veer Jijamata Nagar (SRA) CHS (Proposed) and (iv) Mata Ramabai Nagar (SRA) CHS (Proposed).

7. The Petitioners are claiming to be occupants of the plot situate at Swami Vivekanand Nagar. According to the Petitioners at Shree Swami Vivekanand Nagar there are more than 1000