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2024 Supreme(Online)(Bom) 5669

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J. JAMDAR, J
Atlantic Construction Co. – Appellant
Versus
State of Maharashtra & Ors. – Respondent


Mr. Girish Godbole, Senior Advocate a/w. Mr. A. N. Giri and Mr. Sagar Batavia, Advocates, for the Petitioner. Ms. Lavina Kripalani, AGP, for the Respondent No.1-State. Mr. Vijay D. Patil, Advocate, for the Respondent No.2-AGRC. Mr. Vishwanath Patil, Advocate, for the Respondent No.3-SRA. Mr. Amogh Singh a/w. Mr. Santosh Pathak and Mr. Chirag Thakkar, Advocates, i/b. Law Origin, for the Respondent No.4.

JUDGMENT:

1. By the present Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the legality and validity of the order dated 1st July 2024 passed by the Apex Grievance Redressal Committee (“AGRC”) in Application No.25 of 2024 (Exhibit-O, Pages 150 to 173) as well as the order dated 5th February 2024 passed by the Chief Executive Officer, Slum Rehabilitation Authority (“CEO, SRA”) passed in File No.SRA/Ch E/288/KW/MHL/LOI (Exhibit- L, Pages 87 to 97).

2. The impugned order dated 5th February 2024 has been passed by the CEO, SRA in Suo Motu proceedings under Section 13(2) of the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971 (“Slum Act”). The operative part of the said order dated 5th February 2024 reads as under:-

ORDER

1. The appointment of Respondent No.2 i.e. M/s.

Dynamic Civil Developers Pvt. Ltd. (Sunderwadi) is hereby terminated as Developer of S.R. Scheme on land bearing CTS No.1103 (pt) of Village – Versova, Andheri (West) for “Sahyog Kalpana CHS”.

2. The Respondent No.1 society i.e. Sahyog Kalpana CHS is at liberty to appoint new developer by passing fresh General Body Resolution in presence of authorized

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