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2012 Supreme(Bom) 1346

D.Y.CHANDRACHUD, R.D.DHANUKA
Hushna Bano Mohamed Shakir Shaikh – Appellant
Versus
State of Maharashtra through Govt. Pleader (O. S. ) – Respondent


Advocates appeared:
For the Petitioner:Mrs. Shakuntala A. Mudbidri, Advocate.
For the Respondents: R1 to R3, Ms. Madhubala Kajale, A.G.P., R4, J.G. Reddy, R6, S.G.
Surana, R8, Ms. Soniya S. Miskin, Advocates.

Judgment :

(R.D. Dhanuka, J.)

Rule; with the consent of counsel for the parties made returnable forthwith. With the consent of counsel and at their request, the petition is taken up for hearing and final disposal.

2. This Petition filed under Article 226 of Constitution of India seeks a declaration that an ex-parte order dated 9 December 2004 passed by the Slum Rehabilitation Authority and an order dated 15 October 2009 passed by the High Power Committee are unlawful and seeks a declaration that the Petitioner is entitled to one permanent residential tenement under the redevelopment scheme of Respondent No.6 Society and possession of the tenement.

3. Prior to 1993, the Petitioner was residing in Room No.541 admeasuring 10 X 10 sq.ft. at Indira Nagar Chawl, Indira Gandhi Rahiwashi Co-operative Housing Society (Proposed) situate at CTS No. 608/2 (Part), Bandra (East), Mumbai 400 051. The property bearing CTS No. 608/2 (Part) was declared and was notified as a Slum under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The residents and slum dwellers decided to form a Cooperative Housing Society in the name of Smt. Indira Gandhi Rahiwas






















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