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M. S. SONAK, KAMAL KHATA
ALPHONSO D’SOUZA – Appellant
Versus
APEX GRIEVANCES REDRESSAL COMMITTEE, SLUM REHABILITATION AUTHORITY – Respondent
| Table of Content |
|---|
| 1. agrc's jurisdiction to hear cases related to slum redevelopment. (Para 1 , 2) |
| 2. petitioners seek relief for quashing agrc's order. (Para 3 , 4) |
| 3. arguments against agrc's jurisdiction on complaints. (Para 6 , 12 , 14 , 15) |
| 4. agrc's interim orders and related proceedings. (Para 8 , 10) |
| 5. debate on enforceability of agreements and consent terms. (Para 18 , 19 , 21) |
| 6. the agrc's jurisdiction is primarily appellate, not original. (Para 25 , 31) |
| 7. determination of agrc's original jurisdiction. (Para 29 , 30) |
| 8. the petitioners' claim regarding the agrc's lack of jurisdiction. (Para 35 , 38 , 40) |
| 9. agrc's order quashed for lack of jurisdiction. (Para 57 , 68) |
| 10. judgment outcomes regarding the agrc's impugned order. (Para 66 , 70) |
| 11. conclusion on orders issued by the court. (Para 71) |
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: -
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....
Court held that specific performance cannot be enforced due to termination of MOU and lack of owner consent.
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....
Public landowner has preferential redevelopment rights on reserved slum land; conditional NOC cancellation valid for developer's failure to provide compliant plans for public amenities, subordinating....
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