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2018 Supreme(Bom) 805

SHANTANU KEMKAR, G.S.KULKARNI
Indian Cork Mills Private Limited – Appellant
Versus
State of Maharashtra, through its Housing Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. Virag Tulzapurkar, Senior Advocate with Mr. Nikhil Sakhardande, Mr. Vikram Deshmukh, Abinash Pradhav and Ms. Deepu Jojo i/b. M/s.Wadia Ghandy & Co., Mr. Kalpesh Joshi with Mr. Arvind Shrivastava i/b. M/s. Kalpesh Joshi & Associates
For the Respondent:Mr. Milind Sathe, Senior Advocate with Mr. Girish Utangale, Mr. Bhushan Deshmukh, Mr. Gaurav Srivastav, Chetan Mhatre and Mr. Suyash Gadre i/b. M/s. Utangale & Co., Mr. Sukanta Karmarkar, AGP, Mr. Pravin Samdani, Senior Advocate with Mr. Sanjeev R. Singh, Mr. Amogh, A. Singh, Mr. Ritesh A. Singh and Ms. Nilima Hode i/b., Mr. Sanjeev Singh

JUDGMENT:

G.S. Kulkarni. J.

Rule returnable forthwith. Respondents waive service. By consent of the parties and at their request heard finally.

1. The petitioner who is the owner of land bearing CTS No.191 I, 191I/1 to 83 admeasuring 9054 sq.meters at Village Tungwa, Taluka Kurla, Mumbai (for short 'the said land'), has filed this proceeding under Article 226 of the Constitution, challenging the notice/notification dated 22 December 2016 issued by respondent no.1-State of Maharashtra (for short 'the State Government') under sub-section (1) of Section 14 read with paragraph (A) of sub-clause (i) of clause (c) of Section 3-D of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 (for short “the Slum Act”), declaring acquisition of the said land of the petitioner, for the purpose namely to enable the Slum Rehabilitation Authority (for short “the SRA”) to carry out development under a Slum Rehabilitation Scheme, on the said land, which has been declared as a ‘slum rehabilitation area’ under Section 3-C(1) of the Slum Act. Consequent to the impugned notification Respondent no.3-Deputy Collector Slum Rehabilitation Authority by a communication dated 7 January 20













































































































































































































































































































































































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