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2021 Supreme(Bom) 1633

DIPANKAR DATTA, G.S.KULKARNI
Abdul Majid Vakil Ahmad Patvekari – Appellant
Versus
Slum Rehabilitation Authority – Respondent


Advocates Appeared:
For the Petitioners: Nikhil Wadikar, Rajesh Katore.
For the Respondents: Deepak R. More, B.V. Samant, S.K. Mishra, Pralhad D. Paranjape, Kaustubh Deogade.

JUDGMENT :

1. The petitioners, who are three in number, are aggrieved by the public notice dated May 21, 2021 issued by respondent No. 1-the Slum Rehabilitation Authority, Pune and Pimpri Chinchwad Area (for short “SRA”), by which the petitioners along with other slum dwellers are sought to be rehabilitated, being affected by the Pune Metro Rail project, undertaken by respondent Nos. 4 and 5.

2. The case of the petitioners is quite peculiar, which is to the effect that the petitioners, who are having their hutments on the Government land (slums), ought to be rehabilitated either on the same land or in the vicinity. At the outset, we must observe that we were quite astonished at such plea. We would, however, certainly examine the tenability of such plea in the following discussion.

3. The relevant facts need be noted :

    The petitioners contend that they are residents of ‘Kamgar Putala Zopadpatti Vasahat’, situated on Final Plot No. 806 and 806A, Topkhana, Shivaji Nagar, Pune (for short “the slum land”). Admittedly, this is a slum on the State Government’s land. As the land was encroached by hutments, it came to be notified as a slum under the Maharashtra Slum Areas (Improvement, Clea

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