JUDGMENT

Ranjit More, J. - By this petition filed under Article 226 of the Constitution of India, the Petitioner is challenging two orders, namely, the order dated 27th April 2017 and 24th November 2016 passed by Respondent No.9 the High Power Committee and Respondent No.3 Secretary, SRA respectively in an Application No. 253 of 2016 and in an Application No. 13(2) of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act, 1971. By the order dated 24th November 2016, the Secretary, SRA has terminated the Petitioner''s appointment as developer of subject slum rehabilitation scheme. Whereas by the order dated 27th April 2017, the High Power Committee [for short "the HPC"] has confirmed this order.

2. The facts giving rise to this petition, in brief, are as follows :

The slum dwellers residing on the plot of bearing CTS No. 328 of village Deonar admeasuring 3916.0 sq. mtrs. formed a co-operative housing society by the name Morya SRA CHS Limited, i.e., Respondent No.7 herein. The land under the slum rehabilitation scheme is owned by the State Government. Respondent No.7 appointed the Petitioner as developer of the said scheme. The Petitioner has submitted proposal of the subject slum rehabilitation scheme to the Slum Rehabilitation Authority [for short "the SRA"] . The said proposal is duly accepted by the SRA on 29th August 2006.

The Additional Collector (Encroachment and Removal) and the Competent Authority (Eastern Suburban) has issued certified Annexure-II on 3rd October 2007 of total 218 number of slum dwellers out of which 202 slum dwellers were held eligible.

On the basis of certified Annexure-II, SRA approved the said slum rehabilitation scheme and issued Letter of Intent on 11th September 2008 and thereafter revised letter of intent was issued on 28th August 2009. Subsequently, Intimation of Approval was issued on 27th October 2009. The plinth CC was issued on 2nd November 2011 and amended Intimation of Approval for composite building consisting of rehab and sale component is issued on 26th March 2013. Though the scheme was accepted by SRA on 29th August 2006, even after lapse of period of more than 10 years, the Petitioner failed to complete the slum rehabilitation project and also failed to rehabilitate a single eligible slum-dweller and thereby caused inordinate delay in implementation of the said slum rehabilitation scheme. Respondent No.7 society therefore convened a general body meeting on 12th June 2016 and terminated the agreement with the Petitioner. Thereafter Respondent No.7-Society filed an application under section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act, 1971 and requested the SRA to terminate the appointment of Petitioner as developer for further implementation of the subject slum rehabilitation scheme.

By the order dated 24th November 2016, the Secretary, SRA terminated the appointment of Petitioner as developer of the slum rehabilitation scheme on the subject plot of land. Respondent No.7-society was given liberty to appoint a new developer of its choice as per law, rules, regulations and prevailing norms and policy of SRA to complete further implementation of the subject slum rehabilitation scheme. The Secretary, SRA also directed the newly appointed developer to re-imburse the actual expenses legally incurred by the Petitioner till the date of order.

The above order of the Secretary, SRA was carried in an appeal before the HPC by filing an application bearing Application No.258 of 2016. The said application was, however, dismissed by the HPC by its order dated 27th April 2017.

3. Mr. Sakhare, the learned senior counsel for the Petitioner invited our attention to the various documents annexed to the petition and submitted that the Petitioner was appointed as developer by Respondent No.7 by executing development agreement / supplementary agreement in the year 2006. The Petitioner thereafter obtained various permissions and sanctions from the SRA. He