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