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2021 Supreme(Bom) 1165

K.K.TATED, PRITHVIRAJ K.CHAVAN
Dharamdas (dhamu) Arjansing Malkani – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
G. S. Godbole, Advocate, Kaustubh Thipsay, Advocate, Aditya P. Shirke, Advocate, J. G. Aradwad, Advocate, Sanjeev Kumar B. Deore, Advocate, Cherag Balsara, Advocate, Abhijit Patil, Advocate, Geeta R. Shastri, Advocate

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 compensat

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