Susme Builders Private Limited vs Chief Executive Officer, Slum Rehabilitation Authority

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Bom) 1133

S.J.VAZIFDAR, M.S.SONAK
Susme Builders Private Limited – Appellant
Versus
Chief Executive Officer, Slum Rehabilitation Authority – Respondent

Advocates appeared:
Mr. Pradeep Sancheti, Senior Advocate with Mr. Anirudha Joshi, Mr. Rohan Cama, Mr. Vishal Talsania and Mr. Hetal Thakore, Mr. Kunal Parekh, Mr. Nilesh Ukey, Mr. Dhavol Deshpande and Mrs. Dorius Jone i/b Thakore Jariwalla and Associates for Petitioner.
Mr. Ravi Kadam – Senior Advocate with Mr. G. D. Utangale and Mr. B.V. Phadnis i/b Utangale & Co. for the Respondent No. 1.
Mr. Pravin Samdani with Mr. Snehal Shah, Mr. Naushad Engineer, Ms. Deepti Pande and Mr. Jonardhan Narayanan and Ms. Smruti Rasal i/b Narayanan & Narayanan for Respondent No. 3.
Mr. Venkatesh Dhond – Senior Advocate with Mr. Rakesh K. Agarwal i/b. Mr Rakesh Agarwal for Respondent No. 4.
Mr. S. U. Kamdar – Senior Advocate with Mr. Tushar Dahibawkar i/b. Dahibawkar & Co. for Intervenors.

JUDGMENT

M.S. SONAK, J.

1. Rule. With the consent of the learned counsel appearing for the parties, Rule is being disposed of finally at the stage of admission itself.

2. By this petition, the Petitioner questions its removal as the developer of the property bearing CTS 7627, 7627/1 to 852 of village Kole Kalyan at Santacruz (E), Mumbai hereinafter referred to as the said property.

3. The property in question is owned by Respondent No. 3 i.e. Om Namo Sujlam Suflam Cooperative Housing Society (hereinafter referred to as “the Society”). The Society had appointed the Petitioner i.e. Susme Builders Private Limited as a “developer” to execute Slum Rehabilitation Project under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as the 'Slum Act'). The appointment was approved by the authorities under the Slum Act, subject to certain terms and conditions. The Respondent No. 1 i.e. the Chief Executive Officer, Slum Rehabilitation Authority, hereinafter referred to as “CEO, SRA” by an order dated 24.02.2012 removed the petitioner as the developer. The Respondent No.2 i.e. the High Power Committee (hereinafter referred to as 'HPC'), upheld th

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2014 Supreme(Bom) 1133

S.J.VAZIFDAR, M.S.SONAKSusme Builders Private Limited – AppellantVersusChief Executive Officer, Slum Rehabilitation Authority – Respondent

S.J.VAZIFDAR, M.S.SONAK
Susme Builders Private Limited – Appellant
Versus
Chief Executive Officer, Slum Rehabilitation Authority – Respondent