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2024 Supreme(Bom) 437

SANDEEP V MARNE
Champalal Harakchand – Appellant
Versus
Chief Executive Officer (C. E. O. ) Sra – Respondent


Advocates appeared:
Dr Abhnav Chandrachud a/w Mr. Arun Panicker & Mr. Vinay Nair, for the Petitioner; Mr Mayur Khandeparkar a/w Mr. Chirag Thakkar & Anubha Singh i/b Nimish Lotlikar, for Respondent No.4. Mr Jagdish G. Aradwad (Reddy), for SRA, Respondent No.1. Mr Amogh Singh a/w Mr. Santosh Pathak i/b Law Origin, for Respondent No.2. Mr Sagar Patil, for MCGM, Respondent No.3. Mr AbhijitP Kulkarni a/w Mr. Gourav Shahane, for AGRC, Respondent No.5.

JUDGMENT

1. Rule. Rule is returnable forthwith. With the consent of the learned counsel appearing for parties, Petition is taken for hearing.

2. This Petition raises the issue as to whether the Apex Grievance Redressal Committee constituted under the provisions of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (the Slum Act) is clothed with power to condone the delay for entertaining Appeals filed under Section 35(1A) of Slum Act. The issue arises in the light of challenge raised by Petitioner to Order dated 23 February 2024 passed by the Apex Grievance Redressal Committee (AGRC) by which delay of 62 days in filing Appeal has been condoned. Petitioner claims that AGRC is not vested with power under provisions of Slum Act to condone delay while entertaining appeals filed under Section 31(1A) of the Act.

3. Briefly stated, facts of the case are that land bearing C.T.S. No. 1973 (pt) of Ghatkopar, admeasuring 5780.10 sq. mtrs. is occupied by members of Respondent No.4-Society. The Society resolved to redevelop the said land by implementing Slum Rehabilitation Scheme (SRS). The larger portion of CTS No. 1973 (pt) admeasuring 8457.6 sq. mtrs. was declared as Sl


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