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SANDEEP V. MARNE
Moghiben Bhachubai Gami – Appellant
Versus
The Apex Grievance Redressal Committee – Respondent
JUDGMENT:
1. This is a typical dispute amongst the slum dwellers/structure occupiers over choice of developer for implementation of Slum Rehabilitation Scheme. Petitioners, who claim to be eligible slum dwellers, are aggrieved by the appointment of Respondent No.7-Aquarock Buildcon Pvt. Ltd. for implementation of Slum Rehabilitation Scheme. Accordingly they have challenged Minutes of the Meeting dated 17 January 2023 selecting Respondent No.7 as the developer for the Project. The Appeal preferred by the Petitioners before the Apex Grievance Redressal Committee has been rejected by Order dated 5 June 2023, which is also subject matter of challenge in the present petition. Also challenged is the No-Objection Certificate (NOC) issued by the Municipal Corporation of Greater Mumbai (MCGM) and final Annexure-II dated 26 September 2022 issued by the MCGM. Various other consequential and related prayers are also raised in the petition. Petitioners pray that a fresh General Body Meeting for appointment of developer and architect be conducted by giving opportunity to all the structure occupiers to vote in such meeting.
2. Two principal issues that arise in the petition are:
Only individuals holding a photopass qualify as protected occupiers under the Slum Act, thus excluding municipal tenants from voting in the developer selection process for the Slum Rehabilitation Sch....
The validity of General Body Resolutions (GBRs) for Slum Rehabilitation Scheme implementation is upheld, emphasizing that technical objections do not warrant interference unless clear illegality is e....
Public landowner has preferential redevelopment rights on reserved slum land; conditional NOC cancellation valid for developer's failure to provide compliant plans for public amenities, subordinating....
The CEO/SRA has the authority to terminate a Developer under Section 13(2) of the Slum Act for delays and non-performance in the Slum Rehabilitation Scheme, emphasizing timely completion for public b....
[The court established that under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, the Competent Authority can terminate a developer's appointment based on ....
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
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