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2014 Supreme(Bom) 1993

MOHIT S.SHAH, M.S.SONAK
Reserve Bank Employees – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Milind Sathe, Senior Advocate, Sandeep Goyal, i/b. Mulla & Mulla, Craigie Blunt and Caroe
For Respondents/Defendant:G.W. Mattos, AGP, P.G. Lad, Y.S. Bhate, Kirankumar Phakade, i/b. Pravinkumar, Advs., Shailesh Shah, Senior Advocate, Chirag Balsara, Aftab Diamondwala and Homza Tatli, i/b. Diamondwala & Co.

JUDGMENT

M.S. Sonak, J.

1. By this petition under Articles 226 and 277 of the Constitution of India, the petitioner questions notice dated 7 April 2000 and the Corrigendum dated 25 May 2001 thereto, issued by the State of Maharashtra under Section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1972 (Slum Act) for the acquisition of the petitioner's property admeasuring 4780 sq. meters situate at Vile Parle, Taluka Andheri, Mumbai Suburban District bearing CTS Nos. 708, 709, 710 Part, 714/1 Part, 719 Part and 724/1 to 36 (said property).

2. Based upon the application dated 2 August 1993 made by respondent no. 9, an association of slum dwellers, the Deputy Collector (Encroachment) - respondent no. 2, vide notification dated 29 September 1993 declared the said property as a 'slum area' under Section 4(1) of the Slum Act. By notice dated 11 February 1994, respondent no. 2 directed the petitioner to carry out certain improvement works in and over the said property with regard to provision of W.C., water connection, internal roads, sewerage and drainage facilities. Without prejudice to the pending challenge against declaration of the said property as slu






















































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