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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA, JJ.
Bombay Slum Redevelopment Corporation Pvt. Ltd. – Appellant
Versus
Mumbai Housing & Area Development Board – Respondent
JUDGMENT :
(Per Kamal Khata, J.)
1) By this Writ Petition the Petitioner seeks the following relief:
“A. This Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, calling upon the records and proceedings from the file of the Respondent No.1 and after going through the legality, propriety and validity of the Impugned Notices, both dated 22/8/2022 (being Exhibits ‘A’ & ‘B’ hereto), be pleased to quash and set aside the same.”
BRIEF FACTS :
2) The Petitioner is a developer appointed to develop a MHADA owned property bearing CTS No.195 (part) at village Andheri and CTS Nos.30 and 31 (part) along with Nalla land of Village Juhu. The MHADA property was occupied by about 1010 slum dwellers. These slum dwellers formed their respective societies with the following names:
1. Andheri West Loknayak Nagar Co-operative Housing Society Limited
2. Andheri West Shivaji Nagar Co-operative Housing Society Limited and
3. The New Kapaswadi Co-operative Housing Society.
2.1) These societies approached the Petitioner to implement the slum scheme and rehabilitate the members of these societies. The New Kapaswadi Co-operative Housing Soc
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....
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.
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 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....
Writ courts cannot re-appreciate fact-finding report of high-level committee on slum boundary demarcation encroaching reserved fish drying land; such evidentiary disputes for civil court; reservation....
The main legal point established in the judgment is the obligation of parties to comply with court directions and the serious consequences for non-compliance.
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