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2024 Supreme(Bom) 574

SANDEEP V. MARNE
Shailesh Mulchand Savla Sole Proprietor of M/s. Kunal Builders And Developers – Appellant
Versus
Chief Executive Officer , Slum Rehabilitation Authority – Respondent


Advocates appeared:
Mr. Shashikant Surana i/b Mr. Madhur R. Sharma for the Petitioner; Mr. D.J. Khambata, Senior Advocate and Mr. S.U. Kamdar, Senior Advocate with Mr. Swapnil Bangur, Mr. Abhishek Adke and Mr. Sagar Vichare for Respondent No.2. Mr. Nikhil Sakhardande, Senior Advocate with Mr. Vaibhav Charalwar i/b Ms. Reena M. Panchal for Respondent No.4. Mr. Kunal V. Phoole for Respondent No.3. Mr. Vijay D. Patil for Respondent No.1/SRA. Mr. Jagdish G. Aradwad (Reddy) with Mr. Abhijit Patil and Ms. Ashwini Jadhav for Respondent No.5-AGRC.

JUDGMENT

Sandeep V. Marne, J. - Rule. Rule is made returnable forthwith. By consent of the learned counsel appearing for parties, the Petition is taken up for final hearing and disposal.

The Challenge

2. By this Petition, Petitioner challenges order dated 25 November 2020 passed by Chief Executive Officer of Slum Rehabilitation Authority under provisions of section 13 (2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (the Slum Act) terminating his appointment to execute the subject Slum Rehabilitation Scheme and granting liberty to Respondent Nos. 2 and 3-Societies to appoint new Developer of their choice for execution of the Scheme. The order dated 25 November 2020 has been unsuccessfully challenged by Petitioner before the Apex Grievance Redressal Committee (AGRC), which has dismissed the Application No.105 of 2020 filed by Petitioner by its judgment and order dated 31 May 2021, which is also subject matter of challenge in the Petition.

Facts

3. Briefly stated, facts of the case are that - land bearing CTS No.35 of Village Juhu, Taluka Andheri, Mumbai Suburban District is owned by Maharashtra Housing and Area Development Authority (MHADA). The said

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