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2024 Supreme(Online)(Bom) 5759

BOMBAY HIGH COURT
G. S. Kulkarni, Jitendra Jain, JJ
BISHOP JOHN RODRIGUES – Appellant
Versus
STATE OF MAHARASHTRA AND 4 ORS – Respondent


Advocates:
Dr. Milind Sathe, Senior Advocate with Mr. Bhushan Deshmukh, Mr. Aditya Miskita, Ms. Neha Mehta, Ms. Aayushi Gohil, Mr. Umair Merchant, Ms. Triveni Jawale i/b M. T. Miskita & Co. for Petitioner/Applicant. Mr. Manish Upadhye, AGP for State of Maharashtra Respondent No. 1. Smt. P. H. Kantharia for Respondent Nos. 2 & 3, SRA. Mr. Mayur Khandeparkar i/b Milind Nar for Respondent No. 4. Mr. Virag Tulzapurkar, Sr. Adv. a/w Mr. Sour Subha Ghosh, Ms. Shubra Swami Paranjpe, Ms. Sanaya Patel, Mr. Siddhant Trivedi i/b Indus Law for Respondent No. 5.

O R D E R

1) All objections raised by the Objectors in the matter are rejected.

2) The process of acquisition of the property bearing C.S. NO. B/960, area admeasuring 1596.40 sq.mt situated at village Bandra, Tal. Andheri, of Shree Kadeshwari S.R.A. Co-operative Housing Society (Proposed) under section 14(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, shall be commenced and the proposal in respect thereof shall be sent to the Government for approval.”

(emphasis supplied)

Relevant provisions

76. To examine the legality of such decision taken by the CEO, SRA, we may be required to note some of the relevant provisions of the Slum Act falling under Chapter I-A which read thus:-

“3C. Declaration of a slum rehabilitation area (1) As soon as may be after the publication of the Slum Rehabilitation Scheme, 1 [the Chief Executive Officer] on being satisfied that circumstances exist in respect of any area, justifying its declaration as slum rehabilitation area under the said scheme, may by an order published in the Official Gazette, declare such area to be a "slum rehabilitation area". The order declaring slum rehabilitation area (hereinafter referred to as "

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