The Slum Rehabilitation Authority can terminate a developer's appointment for inordinate delays in scheme implementation, emphasizing the developer's obligation to act proactively.

JUDGMENT :

AMIT B. BORKAR, J.

1. The petitioner, who is a developer seeks to impugn order dated 2 August 2023 passed by respondent No. 2 - Chief Executive Officer, Slum Rehabilitation Authority (“CEO, SRA” for short) exercising power under Section 32 of the Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 (“the Slums Act” for short) and order dated 13 February 2024 passed by the respondent No. 1 - Apex Grievance Redressal Committee (“AGRC” for short) in Application No. 190 of 2023.

2. Land bearing F.P. No. 663 of Town Planning Scheme No. III, Mahim Division at Kapad Bazar Road, Mahim (West), Mumbai 400 016 in G/North Ward area admeasuring 1961.55 sq. mtr. (“the said property” for short) belonging to the Municipal Corporation of Greater Mumbai (“MCGM” for short) is occupied by slum dwellers and censused in the records of the MCGM.

3. On 24 August 1960, the Government of Bombay vide Notification sanctioned a Town Planning Scheme demarcating a “garden” on the said property. On 8 May 2018, the State Government, by Notification, granted sanction under Section 31(1) of the Maharashtra Regional Town Planning Act, 1966 (“MRTP Act” for short) to the revised Development Plan of Greater Mumbai wherein the said property is designated as R.R.2.1 (Rehabilitation and Resettlement). On 30 October 2019, the slum dwellers on the said property came together. They formed Millet-E-Society by holding general body meetings and, by the majority, appointed the petitioner as its developer for implementing the Slum Scheme (DCR-33(10) Scheme). On 28 November 2019, the petitioner and Millat-E-Society filed a proposal with the Slum Rehabilitation Authority (“SRA” for short). On 4 December 2019, Millat-E-Society, through its officer bearers, executed a development agreement in favour of the petitioner for implementing the Slum Rehabilitation Scheme (“SR Scheme” for short). On 28 February 2020, the District Superintendent of Land Record - SRA granted NOC for the SR Scheme through the petitioner. On 11 March 2020, the Cooperative Department - SRA granted no objection to implementing the SR Scheme. On 11 March 2020, the Deputy Collector (Mumbai City) - SRA granted NOC to implement the SR Scheme. On 24 September 2020, SRA prepared the financial status of the developer (Annexure-III), holding that the petitioner has sufficient net worth for implementing the SR Scheme. On 7 April 2022, the petitioner paid scrutiny fees to the SRA. On 8 April 2022, SRA issued an acceptance letter in favour of the petitioner for implementing the SR Scheme on the said property.

4. On 13 September 2022, Assistant Commissioner, G/North Ward, issued eviction notices against slum dwellers under Section 89 of the MRTP Act for implementation of the plan of the garden as per the Town Planning Scheme of 1 September 1961. On 15 September 2022, the Engineering Department, SRA, issued a letter to the Tehsildar - 1 (Special Cell), SRA, for issuance of Annexure - II through the Competent Authority. On 19 September 2022, Tehsildar - 1 (Special Cell), SRA issued a letter to the Assistant Commissioner, G/North Ward (Competent Authority), for preparing a list of eligible slum dwellers (Annexure-II).

5. On 6 October 2022, the petitioner and the society filed a writ petition in this Court challenging notices dated 13 September 2022 issued under Section 89 of the MRTP Act. By order dated 12 October 2022, this Court recorded a statement of the MCGM that petitioners’ representation will be decided in accordance with law and thereafter, for a period of two weeks, protected slum dwellers from eviction. However, according to the petitioners, on 23 November 2022, the Assistant Commissioner, G/North Ward, without deciding representation of the petitioners, issued an eviction notice under Section 90 of the MRTP Act against the occupants. The petitioners again filed a writ petition in this Court challenging said notices. However, by order dated 20 December 2022, the petitioner was deleted