JUDGMENT :

(G.S. Patel, J.) :

INTERIM APPLICATION (ST) NO. 5553 OF 2024

1. This Interim Application seeks reliefs inter alia under Section 340 of the Code of Criminal Procedure, 1973 (“CrPC") on the basis that there has been a fraud on the Court, by persuading this Court to accept that the Maharashtra Housing & Area Development Authority (“MHADA”) had filed an Affidavit dated 17th February 2023, though no such Affidavit is found in the physical record and proceedings. According to Mr Kurle, the impeached Affidavit purports to say that MHADA had withdrawn its cancellation of a No Objection Certificate (“NOC”) granted to the Slum Rehabilitation Authority (“SRA”). According to him, the land in question purportedly under a slum scheme is MHADA land, that the Petitioners are MHADA tenants and there is therefore no question of them being included in a slum scheme or of MHADA giving any NOC to the SRA. Certainly, there is no question of MHADA literally cancelling any NOC it may have granted in the past. All this is, Mr Kurle submits, based only on a non-existent MHADA Affidavit, one that was never filed and is not to be found in the record. He points to a response from the Registry confir