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2024 Supreme(Bom) 43

MILIND N. JADHAV
Surjit Singh Arora, Sole Proprietor of M/s. Sukhamani Construction – Appellant
Versus
Slum Rehabilitation Authority – Respondent


Advocates Appeared:
Mr. Vishal Kanade a/w. Mr. Vasim Siddiqui and Ms. Priyanka Acharrya i./by Mr. Kunal Bhanage, Mr. Kunal Haresh Punjabi i./by Ms. Ravleen Sabharwal, Mr. Amanjyot Anand i./by Mr. H. S. Anand, Mr. Anoop Patil, Mr. Mayur Khandeparkar i./by Mr. Kunal Thipsay, Mr. Jamshed Ansari.

JUDGMENT :

1. Challenge is maintained in the present Writ Petition to order dated 17.05.2022 passed by Respondents No.2 – Chief Executive Officer, Slum Rehabilitation Authority (for short “CEO, SRA”) in suo moto proceedings initiated under Section 13 (2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short “the said Act”) and order dated 29.09.2022 passed by Respondent No.4 – Apex Grievance Redressal Committee (for short “AGRC”) in Appeal No.136 of 2022 confirming the order dated 17.05.2022. By virtue of the aforesaid twin orders, appointment of Petitioner as Developer of a slum rehabilitation scheme under the said Act stands terminated and confirmed. Being aggrieved by the twin orders, Petitioner is before the Court.

2. Such of the relevant facts necessary for adjudication of the present Petition are delineated as herein under:

2.1. Private property bearing CTS No.G/406 (pt) and G/628 (pt) of Village Bandra, Murugan Chawl ad-measuring 2204.04 square meters (for short “the said property”) is the subject matter of Development. In the Development Plan the said property was shown reserved for a Municipal market. It was inundated with a slum.

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