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M. S. SONAK, KAMAL KHATA
ALPHONSO D’SOUZA – Appellant
Versus
APEX GRIEVANCES REDRESSAL COMMITTEE, SLUM REHABILITATION AUTHORITY – Respondent
JUDGMENT :
(M.S. Sonak J) :
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties.
3. The Petitioners, by instituting the present Petition, have sought the following reliefs: -
b) This Hon'ble Court be pleased to direct the Respondent No. 2 to sanction plans which are in conformity to the consent terms dated 9th May, 2012 and the Development Agreement dated 27th November, 2020 and revoke sanction granted to any other previous plans which are contrary to the Consent terms dated 9th May, 2012 and the Development Agreement dated 27th November, 2020;
c) Pending the hearing and final disposal of the present petition, this Hon'ble Court be pleased to stay the operation
AGRC lacks original jurisdiction under the Maharashtra Slum Act to adjudicate disputes not referred by the State Government; it can only exercise appellate authority.
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 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....
An independent suit challenging a consent decree is barred under Order XXIII Rule 3A of the C.P.C. if the allegations of fraud are predominantly about breach/non-compliance of the consent terms/conse....
Consent Terms cannot be unilaterally modified by the court at the instance of a non-party, as it undermines the legal rights of the parties involved.
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