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2016 Supreme(Bom) 902

S.C.DHARMADHIKARI, SHALINI PHANSALKAR JOSHI
Jai Ganesh SRA CHS (prop. ) – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Dr. Milind Sathe with Ms. Shamima Taly i/b. M/s. S. Mahomedbhai and Co.
For the Respondent: Mr. M. D. Naik, Mr. Jagdish G. Reddy (Aradwad)

JUDGMENT :

S. C. Dharmadhikari, J.

1. Rule. Respondents waive service. By consent, Rule made returnable forthwith.

2. By this writ petition under Article 226 of the Constitution of India, the petitioners are claiming the following declaration:-

“(a) That this Hon'ble Court be pleased to declare that:

(i) …..

(ii) …..

(iii) the provisions of the Slum Act will prevail over the provisions of section 36A of the MLR Code insofar as there is any conflict between the provisions;

(iv) a Slum Rehabilitation Scheme can be implemented on land declared as a Slum Rehabilitation Area under section 3C of the Slum Act even if such land is owned by a member of a Scheduled Tribe;

(v) …..

(b) That this Hon'ble Court be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of Certiorari under Article 226 of the Constitution calling for the records and proceedings relating to the notification dated 7th August, 2012 (at Exhibit B hereto) in so far as it makes redevelopment on Slum rehabilitation area subject to permission under the Maharashtra Restoration of L




















































































































































































































































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