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2024 Supreme(Bom) 140

SANDEEP V. MARNE
Moghiben Bhachubai Gami – Appellant
Versus
The Apex Grievance Redressal Committee – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S.U. Kamdar, Senior Advocate with Mr. Cherag Balsara, Mr. Yashesh Kamdar, Mr. K. P. Ojha, Mr. Ankit Ojha, Mr. Anchit Ojha, Mr. Kirti Ojha and Mr. Rakesh Dubey
For the Respondent:Mr. G.S. Godbole, Senior Advocate with Mr. Anoshak Daver, Mr. Raghavendra S. Mehrotra and Ms. Samridhi Gholap i/b. Lawkhart Legal, Mr. Karl Tamboly i/by. Mr. Ajaz Ahmed Ansari, Mr. Jagdish G. Aradwad (Reddy), for SRA, Mr. Joel Carlos with Ms. K.H. Mastakar, for MCGM, Mr. Abhijit Kulkarni, for AGRC

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:

    (i) entitlement of 1

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