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SANDEEP V. MARNE
Lashkaria Housing And Infrastructure Pvt. Ltd. – Appellant
Versus
Slum Rehabilitation Authority – Respondent
JUDGMENT
1. Petitioner-Developer has fled this petition challenging the Order dated 8 April 2024 passed by the Apex Grievance Redressal Committee (AGRC), rejecting Petitioner's Application No. 228 of 2023 and upholding the Order dated 28 August 2023 passed by Chief Executive Ofcer, SRA (CEO/SRA) terminating Petitioner's appointment as Developer under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Slum Act).
2. The petition concerns implementation of Slum Rehabilitation Scheme (SRS) in respect of Plot bearing Survey No. 41, CTS No.1 (Pt.) of Village-Oshiwara, Taluka-Andheri, Anand Nagar, Jogeshwari West, Mumbai- 400 012. It appears that one M/s. Hridaya Constructions Pvt. Ltd. (Hridaya) was appointed by the slum dwellers, through their Society named Sarvodaya Residence SRA CHS (Proposed), as Developer for implementation of SRS on the plot. It appears, Society also adopted a Resolution in its General Body on 25 March 2018 resolving to cancel the appointment of Hridaya and to appoint Petitioner as new Developer to implement the subject SRA. Accordingly, on Society's application, CEO/SRA initiated action for termination of appointment of
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 Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.
The court upheld the AGRC's decision to terminate the developer's appointment due to delays in implementing the Slum Rehabilitation Scheme, attributing responsibility to the developer for inaction po....
The court affirmed the authority of the Slum Rehabilitation Authority to remove a developer for inordinate delay and non-compliance with statutory obligations under the Maharashtra Slum Areas Act, em....
The court ruled that disputed questions of fact regarding land area and project delays are not suitable for Writ jurisdiction, emphasizing the need for timely completion of slum rehabilitation projec....
Landowners possess a primary preferential right to undertake redevelopment under rehabilitation schemes; however, this right is subordinate to statutory procedural compliance, including the mandatory....
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