JUDGMENT

G.S.KULKARNI, J. - The judgment has been divided into the following Sec. to facilitate analysis:- Sec. HEADING PARA NOS.

A Prelude 2 B Facts 5 C Submissions on 35 behalf of the petitioner. D Submissions behalf 36 of the respondent No. 1 E Analysis and 37 Conclusion A. Prelude :

2. A developer being removed on the non-fulfillment of the basic requirement to commence construction of a slum rehabilitation building for a long period of 18 years, whether is not fatal to the object and intention of a statutory intent behind a Slum Rehabilitation Scheme, is an issue which falls for consideration of the Court in the present proceedings. Another crucial question would be as to whether the right to shelter which is part of the slum dwellers' right to livelihood guaranteed under Article 21 of the Constitution, can be continued to be nullified by such actions of unconscionable delay on the part of the developer, in not commencing construction of the slum project even by an inch more particularly when the nature of such work awarded to a developer for him is purely a commercial venture, for profit.

3. The petitioner, who was appointed in the year 2003 by respondent No. 1-Slum Society, a