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HIGH COURT OF BOMBAY
ARIF S. DOCTOR, J
Allan Sebastian D’Souza, Edward Sebastian D’Souza – Appellant
Versus
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal – Respondent
| Table of Content |
|---|
| 1. petitioners challenge slum declaration notification. (Para 1 , 2) |
| 2. arguments for condonation of delay and hearing on merits. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondents' defense emphasizes presumption of compliance. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court states mandatory compliance with publication rules for slum declaration. (Para 20 , 21 , 22) |
| 5. writ petition allowed, impugned order quashed. (Para 24) |
JUDGMENT :
1. The Petitioners are impugning an order dated 15th November 2021 (“the Impugned Order”) passed by Respondent No.1 i.e. the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal. By the impugned order Respondent No.1 has dismissed the Petitioners’ Application seeking condonation of delay in filing an Appeal under the provisions of Section 4 (3) read with Section 4 5 (1A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (“the Slums Act”). The Petitioners had in the said Appeal challenged the declaration of land bearing CTS No.1056A (part), admeasuring approximately 250 sq.mtrs of Village Kanjur, Taluka Kurla, Mumbai Suburban District, situated at Village Kanjur, Kanjur East, Mumbai
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