The main legal point established in the judgment is that once land is acquired by the State Government under the Maharashtra Slum Areas Act, it vests absolutely in the State Government free from all encumbrances.

JUDGMENT

Prithviraj K. Chavan, J. - Heard.

2. Rule.

3. Learned Counsel for the respondents waive service.

4. By consent of the learned Counsel for the parties, Rule is made returnable forthwith and the petition is taken up for final hearing.

5. By this petition, the petitioner has invoked writ jurisdiction of this Court challenging a Notification dated 8th July, 2019 bearing No. Bhusampa/2015/C.R.35/Zopani-1 as well as impugned letter dated 4th March, 2021 bearing reference No.1.

6. This litigation has a chequered history. However, bare necessary facts to decide the dispute may be noted as follows;

Respondent No.1 by the impugned Notification dated 8th July, 2019 under section 14 (1) of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 (for short 'Slum Act') proposed to acquire a piece and parcel of land having Survey No.881, Mahim T.P.S. IV, Calcuttawala Chawl, S.K. Bole Marg, Near Siddhi Vinayak Temple, Dadar (West) Mumbai - 400 028 (for short 'Subject Property"). Respondent No.3 is the the Deputy Collector, Slum Rehabilitation Authority (for short 'S.R.A') who had issued the impugned communication dated 4th March, 2021 for determination of compensation.

Respondent No.4 is the Chief Promoter of Heram C.H.S. (Proposed) which is a proposed society of slum dwellers on the subject property.

7. The petitioner has come up with a case that his father Arjansingh Javhermal Malkani purchased the subject property on 13th March, 1955. It was acquired by said Arjansingh Javhermal Malkani in a public auction held as per the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954. Accordingly, name of Arjansingh Javhermal Malkani was duly recorded in the land records.

8. Somewhere in the year 1963, approximately 723 square yards of the said subject property was acquired by Mumbai Municipal Corporation for the purpose of road widening. In all 21 tenements out of the original tenants were affected by the said reservation and subsequent to the said acquisition, became municipal tenants. Pursuant to the said acquisition, 11 tenants and a factory shed remained in Final Plot No.881 of Town Planning Scheme IV, Mahim Area.

9. On 18th June, 1979, the said Arjansingh Javhermal Malkani executed a power of attorney, duly notarized in favour of the petitioner, thereby authorizing him to be the lawful authority to do several acts with respect to the subject property.

10. Mr. Arjansingh Javhermal Malkani executed a development agreement dated 23rd November, 1979 in favour of the petitioner, inter alia, authorizing him to develop, vacate, construct, alienate, transfer or sell or in any other way dispose of all interests and rights in the said subject property. It was done for a monetary consideration of Rs.6, 000/- per annum upto the lifetime of the said Arjansingh Javhermal Malkani payable in monthly 12 installments of Rs.500/-. Thus, the petitioner became a lawful owner of the said property.

11. In the year 2012, the petitioner was informed by pasting a notice upon the said property that a survey of the said property was to be conducted by the Deputy Collector on 8th November, 2012. Accordingly, a survey was conducted and the petitioner's statement was recorded. The petitioner came to know that certain unauthorized occupants had trespassed on the subject property. He, therefore, addressed a letter to Deputy Collector (S.R.A.) dated 12th December, 2012 making a reference of the aforesaid survey which was carried out stating therein that the subject property is occupied by illegal occupants and trespassers. The second survey was conducted on 11th April, 2013 by respondent No.2, of which a due notice was given to the petitioner who was present on the said date registering his objection to the said survey.

12. On 19th June, 2014, respondent No.2 issued a Public Notice in Free Press Journal regarding the subject property under section 14 (1) of the Slum Act. The Chief Executive Officer (for short 'C.E.O'), in