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2023 Supreme(Bom) 602

ARIF S. DOCTOR
Allan Sebastian D’Souza – Appellant
Versus
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ashish Kamat, Mohit Khanna, Leena Mirasee.
For the Respondents: L.T. Satelkar, Aseem Naphade, Saurabh Utangale, A.P. Singh.

JUDGMENT :

ARIF S. DOCTOR, J.

1. The Petitioners are impugning an order dated 15th November 2021 (“the Impugned Order”) passed by Respondent No. 1 i.e. the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal. By the impugned order Respondent No. 1 has dismissed the Petitioners’ Application seeking condonation of delay in filing an Appeal under the provisions of Section 4(3) read with Section 45 (1A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (“the Slums Act”). The Petitioners had in the said Appeal challenged the declaration of land bearing CTS No. 1056A (part), admeasuring approximately 250 sq. mtrs of Village Kanjur, Taluka Kurla, Mumbai Suburban District, situated at Village Kanjur, Kanjur East, Mumbai 400 042 (“the said land”) as a slum.

2. The brief facts as set out in the Petition are as follows:

    (i) The said land belonged to the Petitioners’ father one Mr. Sebastian John D’Souza who is stated to have bequeathed the same to the Petitioners by his last Will and Testament. It is thus that the Petitioners claim to be the owners of the said land.

(ii) The said Sebastian D’Souza had constructed some chawls on land bearing C

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