JUDGMENT

S.J. Kathawalla, J. - The Petitioner Hanuman Nagar ( Jogeshwari) SRA CHS [Proposed] (the 'Petitioner Society') is a Society formed by the slum dwellers residing on the plot of land bearing CTS No. 231 (part), 268 and 268(1) of Village Mogra, Hanuman Nagar, Jogeshwari (East), Mumbai - 400 060, admeasuring 2764.70 Sq. Mtrs. (the 'Subject Plot').

2. By the above Writ Petition, the Petitioner Society has impugned the Order dated 27th September, 2018, passed by the Apex Grievance Redressal Committee ('AGRC') setting aside the Order passed by the CEO - SRA dated 23rd November, 2017, terminating the appointment of the Respondent No. 1 - M/s Kanchi Builders and Developers ('Developers') as Developers of the subject Slum Rehabilitation Scheme ('S. R. Scheme') and allowing the Petitioner Society to appoint a new developer in accordance with the Rules, Regulations and Policy of the Slum Rehabilitation Authority ('SRA').

3. According to the Petitioner Society, most of its members (slum dwellers) who were residing on the Subject Plot are poor workers, working as daily wage earners and domestic workers (housemaids). In the year 2006 majority of the members of the Petitioner Society appointed the Developers who are also the owners of the Subject Plot, as Developers for the S. R. Scheme, pursuant to which the Developers submitted to the SRA a proposal on 22nd July, 2006 for redevelopment of the Subject Plot under Regulation 33 (10) of the Development Control Regulations for Greater Mumbai, 1991 ('DCR'). On 8th December, 2006 certified Annexure II was issued, wherein 124 slum dwellers were held to be eligible. 80 slum dwellers handed over their huts to the Developers in the year 2010. However, the Developers obtained the Letter of Intent ('LOI') only on 1st June, 2010 and the revised LOI on 15th September, 2011. The Developers obtained an Amended Intimation of Disapproval ('IOD') for a composite Building No. 1 ('Composite Building') only on 16th September, 2011 and obtained the plinth Commencement Certificate ('CC') for the Composite Building only on 7th June, 2014.

4. The Developers had agreed to complete the construction of the Composite Building within 24 months from the date of receipt of the CC. As stated earlier though the CC was received on 7th June, 2014, the Developers except for constructing the plinth of the Composite Building in the year 2014-15, not only failed to carry out any further construction, but also failed to regularly pay the agreed monthly compensation in lieu of temporary alternate accommodation to the members of the Petitioner Society, thereby putting the poor and the helpless members of the Petitioner Society who were waiting for a roof over their heads since the year 2006 and the 80 members who have handed over the possession of their respective huts to the Developers since the year 2010, into grave difficulty and inconvenience.

5. According to the Petitioner Society, they were therefore compelled to make a representation dated 12th August, 2016 before the SRA, setting out the harassment faced by them at the hands of the Developers. The Assistant Registrar C.S. (Eastern & Western Suburbs) / SRA heard the parties and gave directions to pay rent compensation to the eligible slum dwellers as per Circular No. 153 of the SRA and after payment of the rent due to the eligible slum dwellers, submit a self-declaration and to inform the SRA. Since the Developers violated the said direction and failed to clear the dues of the slum dwellers and were also responsible in causing inordinate delay in implementing the S. R. Scheme, the Petitioner Society in its General Body Meeting held on 18th December, 2016 terminated the appointment of the Developers of the subject S.R. Scheme and by their Letter / Application dated 12th April, 2017, requested the SRA to terminate the appointment of the Developers and to appoint new developers in their place.

6. On 30th April, 2017, a General Body Meeting of the Petitioner Society was once aga