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SANDEEP V. MARNE
Waman P. Hule – Appellant
Versus
Apex Grievance Redressal Committee – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule made returnable forthwith and with the consent of the learned counsel appearing for parties, Petition is taken up for hearing.
2. By this petition, the Petitioners challenge order dated 12 January 2021 passed by the Chief Executive Officer of Slum Rehabilitation Authority (CEO/SRA) as well as the order dated 5 April 2024 passed by the Apex Grievance Redressal Committee (AGRC).
3. The petition concerns implementation of Slum Rehabilitation Scheme (SRS) on Plot No. 881, Mahim, TPS No. IV, Calcutta Wala Chawl, S.K. Bole Marg, near Siddhi Vinayak Temple, Dadar (W), Prabhadevi, Mumbai. The Petitioners' grievance is that false and fabricated documents in the form of General Body Resolution (GBR) dated 4 April 2011 and 24 April 2012 were brought into existence and were notarised on 31 July 2012, which commenced the process of land acquisition for the purpose of implementation of the subject SRS. According to Petitioners the said GBRs are fabricated by erroneously showing names of bogus persons, who physically do not have any slum structure on the subject plot. It is Petitioners' case that Respondent No. 3-Developer was shown to have been illegally
The validity of General Body Resolutions (GBRs) for Slum Rehabilitation Scheme implementation is upheld, emphasizing that technical objections do not warrant interference unless clear illegality is e....
Only individuals holding a photopass qualify as protected occupiers under the Slum Act, thus excluding municipal tenants from voting in the developer selection process for the Slum Rehabilitation Sch....
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
The Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.
SRA officers must carry out their duties without political interference, respecting the rights of slum dwellers while implementing rehabilitation schemes.
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 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....
slum-dwellers who belong to the weaker sections of the society are to be rehabilitated by providing them reasonable housing thereby protecting them from eviction and distress warrants.
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....
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